J U D G M E N T

Dated this the 30th day of November, 2022 A.Muhamed Mustaque, J.

This appeal arises from a judgment granting specific performance in favour of the plaintiff. The defendant, who is the appellant herein, entered into an agreement of sale with the plaintiff on 21/7/2009 to sell 50 cents of land belonging to her, lying in a prominent area of the Kozhikode Corporation, on a consideration of Rs.1,70,000/- per Cent. On the day of agreement of sale, the plaintiff paid a sum of Rs.20 lakhs. The plaintiff instituted a suit for specific performance after sending a registered notice which was returned unclaimed. The learned Sub Judge, Kozhikode, noting that the plaintiff was always ready and willing to perform his part of the contract, granted decree in favour of the plaintiff.

2. The defendant, the appellant herein, had not disputed the agreement of sale and filed a written statement admitting the same. After admitting the agreement, an attempt was made to amend the written statement. The defendant incorporated a contention that she never intended to sell the property. This was disallowed by the Sub Judge and, on a challenge before this Court, the said order was also affirmed. Ho