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HIGH COURT OF KERALA
MRS. M.R.ANITHA, J
ANTONY – Appellant
Versus
PRAKASH – Respondent
| Table of Content |
|---|
| 1. background of specific performance suit (Para 1 , 2 , 3) |
| 2. trial court's findings on contract execution (Para 4 , 5 , 6) |
| 3. defendant's arguments against contract enforcement (Para 8 , 9 , 10 , 11 , 12) |
| 4. discretionary nature of specific performance relief (Para 13 , 19 , 20) |
| 5. principles governing the exercise of discretion in specific performance (Para 21 , 22 , 23 , 24) |
JUDGMENT
Dated this the 10 th day of January, 2023
This regular second appeal has been directed against the judgment and decree in A.S. No.45/2010 on the file of District Court, Thodupuzha, which in turn arise out of the judgment and decree in O.S. No.99/2002 on the file of Munsiff’s Court, Devikulam.
2. Defendant is the appellant. The suit is one for specific performance of contract and alternatively for return of advance amount. (Parties would hereafter be referred as per their status before the trial court). Plaintiff entered into an agreement for sale of plaint A schedule property with the defendant on 03.01.2002 agreeing to purchase the property on a total consideration of Rs.25,000/- and on the date of agreement Rs.19,000/- was paid as advance. The agreement was to transfer the property on or
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