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K.HARILAL, ANNIE JOHN
Ahammed Koya K. M. – Appellant
Versus
Moorkoth Sujitha – Respondent
JUDGMENT
Annie John, J.—The appellant herein is the plaintiff and respondent herein is the defendant in O.S. No. 328/2013 on the files of the Additional Sub Court-II, Kozhikode. The suit is one for specific performance of contract with alternative prayer for realisation of advance amount. The appellant on 09/01/2010 entered into Ext. A1 agreement with the respondent by which the respondent agreed to sell and the appellant agreed to purchase the plaint schedule property for a total sale consideration of Rs. 97 lakhs. On the date of execution of Ext. A1, Rs. 15 lakhs were paid to the respondent as advance. The respondent before execution had agreed to evict the tenant, who had occupied the plaint schedule property. Since the tenant was not evicted as promised, respondent sought for further time to fulfill his part of contract. Though the appellant was willing and ready to perform his part of contract, the respondent was not ready to accept the same. In the said circumstances, the above suit was filed.
2. The respondent entered appearance filed written statement and resisted the prayers therein. Execution of Ext. A1 and A2 and receipt of Rs. 15 lakhs towards advance sale consideration
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