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2025 Supreme(Online)(KER) 11437

HIGH COURT OF KERALA
A. BADHARUDEEN, J
NASIM RANI – Appellant
Versus
T.S.NIDHA BARI – Respondent


Advocates:
SRI.G.P.SHINOD, SRI.AJIT.G.ANJARLEKAR, SRI.GOVIND PADMANAABHAN, SRI.S.SREEKUMAR (KOLLAM)

JUDGMENT

Dated this the 11th day of February, 2025

Defendant who suffered decree in O.S.No.913/2009 on the files of the I Additional Sub Court, Thiruvananthapuram, assails decree and judgment dated 19.1.2017, arraying the plaintiff as the respondent herein.

2. Heard the learned counsel for the appellant/defendant and the learned counsel appearing for the respondent/plaintiff. Perused the relevant documents.

3. I shall refer the parties in this appeal as 'plaintiff' and 'defendant' hereafter, for convenience.

4. Plaint averments:

Plaintiff instituted the plaint to get back Rs.4 Lakh with interest paid as advance sale consideration after executing an agreement for sale in between the plaintiff and defendant on 14.2.2008 on the assertion that the plaintiff is entitled to get the said sum, since the defendant failed to execute sale deed, as offered. Thereafter, the plaint was amended and claim was enhanced for another sum of Rs.4 Lakh for the works allegedly done by the plaintiff.

5. Defendant resisted the suit and the main contention raised by the defendant is by admitting execution of sale agreement dated 14.2.2008 and receipt of Rs.4 Lakh as advance sale consideration, expressing her readi

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