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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
R. Beena – Appellant
Versus
N. X. Jacob – Respondent
| Table of Content |
|---|
| 1. background and claims regarding the agreement. (Para 1 , 2 , 3) |
| 2. court's findings on trial court's decision. (Para 4 , 5) |
| 3. evaluation of ext.a1's execution and evidence. (Para 6 , 7 , 8) |
| 4. evidence on advances and defendant's claims. (Para 9 , 10 , 11 , 12) |
| 5. court analysis and adjustment of interest. (Para 13 , 14 , 15) |
Sathish Ninan, J.
The suit for specific performance of an agreement for sale, with an alternate relief for return of the advance sale consideration, was decreed by the trial court for the alternative relief. The defendant is in appeal.
2. Ext.A1 agreement dated 02.02.2013 is the document upon which the suit has been fled. As per Ext.A1, an extent of 11.12 ares of property, described as plaint schedule item Nos.1 to 3, is agreed to be conveyed by the defendant to the plaintiff. The properties lie as a single block. The total consideration is ₹ 70 lakhs. An amount of ₹ 65 lakhs is stated to be paid as advance sale consideration. The period fixed for performance is six months. Ext.A5 is the notice dated 27.06.2013 issued by the plaintiff calling upon the defendant to perform the agreement. Alleging failure on the part of the defendant to perform the
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