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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. Krishna Kumar, J
SHAJU – Appellant
Versus
VICTORY GRANITE BRICKS PVT. LTD. – Respondent
| Table of Content |
|---|
| 1. details of the case and parties involved. (Para 1 , 2 , 3 , 4) |
| 2. trial court's agreement and decree on evidence. (Para 5 , 6) |
| 3. argument regarding the validity and admissibility of the unregistered agreement. (Para 7 , 9) |
| 4. supreme court precedent impacting the current case interpretation. (Para 12 , 13 , 14 , 15 , 16) |
| 5. final findings confirming trial court's decree and upholding of plaintiff's right. (Para 17 , 18 , 19 , 20) |
P.Krishna Kumar, J.
These appeals arise from a suit instituted by the first respondent (hereinafter referred to as "the plaintiff") seeking specific performance of an agreement for the sale of immovable property. The trial court decreed the suit in favour of the plaintiff and dismissed the counterclaim raised by the appellant, who was the first defendant in the original suit (hereinafter referred to as "the defendant"). The defendant now challenges the said decree in these appeals.
2. As per the agreement dated 20.01.2014, the defendant agreed to sell 1.26 acres of land owned by him to the plaintiff at the rate of Rs.9,000/- per cent, within a period of three months. The plaintiff contended that an amount of Rs.11.37 lakhs was paid as advance
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