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2022 Supreme(Ker) 203

P.B.SURESH KUMAR, C.S.SUDHA
Asha Joseph, D/o. Joseph – Appellant
Versus
Babu C. George, S/o. George – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.ABRAHAM P.GEORGE, SMT.M.SANTHY, SRI.K.VINODKUMAR 70789
For the Respondent: SRI.P.K.BABU

JUDGMENT :

C.S. Sudha, J.

This appeal is against the judgment and decree dated 07/02/2012 in O.S.No.468/2006 on the file of the Subordinate Judge’s Court, Kottayam. The suit for specific performance or in the alternative return of advance money has been decreed partly by allowing the prayer for return of advance money. Aggrieved, the sole plaintiff has come up in appeal. The respondents herein are the defendants in the suit. The parties in this appeal will be referred to as described in the suit.

2. According to the plaintiff, she had entered into Ex. A2 sale agreement dated 07/08/2006 by which defendants 1 to 3 agreed to sell their plaint schedule property having an extent of 12.32 acres for a total sale consideration of Rs. 55,44,000/-. On the date of the agreement, an amount of Rs.10,00,000/-was paid as advance. The agreement was to execute the sale deed within a period of three months from the date of agreement. The plaintiff was always ready and willing to perform her part of the contract. However, the defendants were never ready to perform their part of the contract. So, the plaintiff issued Ext.A3 lawyer notice dated 31/10/2006 calling upon the defendants to execute the deed, t

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