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1985 Supreme(Ker) 389

VARGHESE KALLIATH
Mani Amma – Appellant
Versus
Kololichalil Choyi – Respondent


JUDGMENT

Varghese Kalliath, J.

1. The appellate court dismissed the suit reversing the judgment of the Trial Court. The plaintiffs appeal. These are the facts.

2. The plaintiffs filed a suit for specific performance of a contract for the sale of the plaint schedule property. The contract was between the plaintiffs and the defendant. Plaintiffs say that the defendant agreed to sell all his rights in the plaint property for a consideration of Rs. 1,500/- to the plaintiffs on or before 15-11-1973. The plaintiffs paid an amount of Rs. 1,000/-. Though the defendant agreed to execute a sale deed on receipt of the balance consideration of Rs. 500/ he declined to receive the balance consideration and execute the sale deed. Plaintiffs issued a notice demanding the defendant to perform his obligation under the contract.

3. The defendant contends that the contract alleged is not true and genuine. He contends that he never agreed to sell the plaint schedule property.

4. The averments in the plaint would show that the plaintiffs went to the registry office to show their readiness and willingness to purchase the property. They got a sale deed prepared. That document is produced in the case marked as












































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