JUDGMENT

JOHNSON JOHN, J The appellants are the defendants in O.S. No. 159 of 2014 on the file of the Principal Sub Court, North Paravur and they are challenging the decree for return of advance sale consideration in a suit for specific performance of an agreement for sale.

2. As per the plaint averments, the plaintiffs entered into an agreement for purchasing the plaint schedule property owned by the defendants on 11.11.2011. The total extent of the plaint schedule property is 79.400 cents and the sale consideration was Rs.80,000 per cent. The time fixed for performance was one month and the defendants agreed to sell the property as a single plot or dividing it into various plots with means of access.

3. On the date of the agreement, the plaintiffs paid Rs.45,00,000/- as advance sale consideration. It is stated that the property was under attachment as per order in I.A. No. 492 of 2011 in O.S. No. 645 of 2011 of Sub Court, Ernakulam and the defendants approached the plaintiffs to sell the property subject to attachment.

4. The defendants agreed to transfer the property free of encumbrances, except the attachment. Subsequently, on the request of the defendants, the plaintiffs paid Rs.