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2018 Supreme(Ker) 140

A.M.SHAFFIQUE, P.SOMARAJAN
Hajira – Appellant
Versus
Anto – Respondent


Advocates Appeared:
For the Appellants : Sri. S. Sreekumar, Sri. C.A. Majeed and Sri. K.H. Asif.
For the Respondent: Sri. K.G. Balasubramanian.

JUDGMENT :

P. SOMARAJAN, J.

1. Appeal against the decree and judgment dated 23.12.2009 in O.S. No. 621 of 2007 of the Principal Sub Court, Thrissur by the defendants. A suit for specific performance of contract for sale was decreed in terms of plaint granting specific performance in respect of 3 acres 3 cents and 920 sq. links of property scheduled in the plaint. The agreement for sale dated 13.12.2006 was entered into by the plaintiffs and defendants for a sale consideration at the rate of Rs. 14,000/-per cent, totalling an amount of Rs. 42,54,880/-. The time agreed for performance of the contract was six months. It was also agreed that time is the essence of the contract. Out of the sale consideration, an amount of Rs. 3,50,000/- was given in advance. Though the plaintiffs were ready and willing to perform their part of the contract and in spite of issuance of Ext.A2 (a) notice dated 23.5.2007 calling upon the defendants to come and execute the sale deed on 6.6.2007 at 11 a.m. there was no positive response from the defendants. In answer to Ext.A2 notice, the defendants sent Ext.A3 reply notice dated 25.5.2007, expressing that they are ready and willing to perform their part of con


























































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