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1991 Supreme(Ker) 483

P.KRISHNAMOORTHY
K. Chekkunni – Appellant
Versus
Ahammed Ahammed Kutty – Respondent


JUDGMENT

P. Krishnamoorthy, J.

1. Plaintiff in a suit for specific performance of an agreement of sale is the appellant. Plaintiff and defendant entered into an agreement Ext. A1 dated 13-8-1980 in which the, defendant agreed to sell to the plaintiff 6 cents of land at the rate of Rs. 800/- per cent. On the date of Ext. A1 agreement, plaintiff paid an advance of Rs. 501/- and the sale was to be completed within 15-9-1980, after measuring and fixing the boundaries of the property by the defendant. According to the plaintiff, he went to the defendant many times and demanded execution of the sale deed after receiving the balance sale consideration and also requested the defendant to be present in the Sub Registrar's Office on 15-9-1980 for executing the document. According to the plaintiff, he was present in the Sub Registrar's Office on that day, but the defendant did not turn up. So, on 16-9-1980 the plaintiff sent a lawyer notice Ext. A2 to the defendant, requesting him to execute the document within 10 days and stating that if it was not done, he will be compelled to file a suit. To the above notice the defendant sent a reply notice Ext. A3 dated 4-10-1980 stating that he was presen




















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