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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
KANNOTH GANGADHARAN NAIR – Appellant
Versus
CHATHAMPALLI MATHU – Respondent
| Table of Content |
|---|
| 1. factual background of the agreement and default (Para 2 , 3) |
| 2. issues raised in the appeal (Para 4) |
| 3. legal arguments regarding maintainability of the suit (Para 8) |
| 4. distinction of case law on termination and maintainability (Para 9 , 10 , 11) |
| 5. court's reasoning on non-performance and entitlement to specific performance (Para 12 , 14 , 15) |
| 6. conclusion and order of dismissal (Para 16) |
JUDGMENT
Dated : 11th July, 2025 The plaintiff in O.S.273/2008 on the file of the Subordinate Judge's Court, Thalassery is the appellant. (For the purpose of convenience the parties are hereafter referred to as per their rank before the trial court.).
2. The plaintiff filed the suit for specific performance of an agreement for sale. As per the plaint averments, on 12.9.2007, the plaintiff and defendant entered into Ext.A1 sale agreement by which the defendant agreed to sell the plaint schedule property to the plaintiff for a consideration of Rs.20,000/- per cent and on the same day, a sum of Rs.50,000/- was paid as advance. The period of the agreement was three months. As per the terms of the agreement, before the execution of the sale deed, the actual extent of the property is to be
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