JUDGMENT

C.S.Sudha, J.

This appeal is filed against the judgment and decree in O.S.No.345/2000 on the file of the Subordinate Judge's Court, Palakkad. The suit is one for specific performance or in the alternative, for return of advance money. The relief of specific performance was granted by the court below. Hence the defendant in the suit is before this Court with the appeal. The respondent herein is the plaintiff in the suit. The parties in this appeal will be referred to as described in the suit.

2. Brief facts of the case – The plaintiff and the defendant entered into Ext.A1 agreement dated 08/11/1993 by which the defendant agreed to sell the plaint schedule property having an extent of 4 Acres. The property takes in the building housing V.V.P. High School, Palakkad as also other buildings and shops. The defendant obtained jenmam right over the property as per a Will dated 10/06/1989 executed by his grandfather, late V.P. Parameswaran Iyer, in his favour. As per the Will, the defendant is the Managing Trustee of the property. The total sale consideration was fixed at ₹ 95 lakhs. On the date of the agreement, the plaintiff paid an amount of ₹ 1 lakh as advance sale consideration.