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2002 Supreme(Ker) 810

S.SANKARASUBBAN, R.BHASKARAN
Kochappi – Appellant
Versus
Pareed – Respondent


JUDGMENT

R. Bhaskaran, J.

1. The appellants are the defendants in O. S.15/1997 on the file of the Principal Sub-Court, Parayur. The suit was filed for specific performance of an agreement for sale as evidenced by Ext. A-1, dated 22nd August 1995. The trial court granted a decree for specific performance and directed the defendants to execute the assignment deed in favour of the plaintiff after receiving the balance consideration within two months from the date of decree.

2. The case of the plaintiff is that the defendant agreed to sell the plaint schedule property having an extent of 22 cents for a consideration of Rs. 11,500 percent. An amount of Rs. 25,000 was paid as advance. The period of the agreement was fixed as three months. According to the plaintiff, he was always ready and willing to perform his part of the agreement and it was the 1st defendant who delayed the execution of the document on some pretext or other. It is the further case of the plaintiff that the 1st defendant has not discharged any of his obligations under the agreement. The plaintiff caused to send a lawyer notice on 10th December 1996 and the suit was filed on 10th January 1997. The plaintiff has also praye



















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