J U D G M E N T

Sathish Ninan, J.

The suit for specific performance of an agreement for sale, with an alternate relief for return of advance sale consideration, was decreed for the alternate relief. Seeking the main relief of specific performance, the plaintiff is in appeal in RFA 20/2016. Challenging the decree for return of advance, the defendant is in appeal in RFA 332/2017.

2. Ext.A1 is the agreement dated 26.09.2007 which is sought to be specifically enforced. It relates to 20 cents of property. The sale consideration mentioned in Ext.A1 is ₹ 3.5 lakhs per cent. The period fixed for performance is two months. An amount of ₹ 25 lakhs is stated to be paid as advance sale consideration. The period was subsequently extended till 31.12.2007 as endorsed on 26.11.2007(Ext.A1(a)), on the reverse side of Ext.A1. Alleging that the defendant is evading performance of the contract the suit was filed.

3. The defendant though admitted his signatures on Ext.A1 and A1(a), it was contended that signed blank stamp papers and papers obtained by the plaintiff from the defendant, aided by two others, by threat and coercion, were fabricated into Ext.A1 agreement. The receipt of amounts under Ext.A1 was