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2021 Supreme(Ker) 832

V.G.ARUN
M. K. Raghavan, S/o. Kannan Komaram – Appellant
Versus
Seerakath Mariyam Beevi, D/o. Late N. P. Muhammed Haji – Respondent


Advocates:
Advocate Appeared:
For Appellant : M.SASINDRAN, SRI.SATHEESHAN ALAKKADAN
For Respondent: SRI.KALEESWARAM RAJ, SRI.VARUN C.VIJAY, SMT.MAITREYI SACHIDANANDA HEGDE

ORDER :

Revision petitioner is plaintiff in O.S.No.107 of 2010 on files of Subordinate Judge’s Court, Payyannur. suit was filed for a decree of specific performance directing respondent to execute sale deed in terms of agreement dated 22.8.2008. During pendency of suit, parties arrived at a settlement and lower court rendered judgment and decree in terms of settlement. As per terms of compromise decree, sale consideration was fixed at Rs.70 lakhs, out of which Rs.5 lakhs had already been paid to defendant. balance sale consideration was to be paid off by depositing Rs.25 lakhs in defendant's account on or before 30.1.2018 and Rs.40 lakhs, on or before 31.3.2018. Thereupon, sale deed was to be registered in plaintiff’s favour. It was also stipulated that on failure of plaintiff to deposit balance amount, defendant could adjust advance amount of Rs.5 lakhs towards loss sustained by him and plaintiff's right to get back amount will stand forfeited.

2. petitioner failed to pay amount of Rs.65 lakhs towards balance sale consideration within time. Instead, he caused a lawyer notice dated 28.4.2018 to be issued, requiring defendants to hand over original docum

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