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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SATHISH NINAN, MR. P. KRISHNA KUMAR, JJ
KARAKUNNATH MAHAMOOD – Appellant
Versus
THOVARAYI BABU – Respondent
| Table of Content |
|---|
| 1. background of specific performance case (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. legal points for determination (Para 11 , 12 , 13) |
| 3. authorisation and intent behind the agreement (Para 14 , 15 , 16) |
| 4. issues of readiness and willingness (Para 18 , 19 , 20 , 21) |
| 5. court's discretion in denying specific performance (Para 23 , 24 , 25 , 26 , 27) |
| 6. refund of advance payment and interest (Para 28 , 29) |
| 7. final order and conclusion of the case (Para 30) |
JUDGMENT
Sathish Ninan, J.
These appeals arise from the decree in a suit for specific performance of an agreement for sale. The suit was decreed by the trial court. RFA 428/2019 is filed by the 4thdefendant, RFA 219/2025 is filed by the third defendant, and RFA 220 of 2025 is filed by defendants 1 and 2.
2. The plaintiffs are brothers. The second defendant is the wife of the first defendant. The third defendant is the brother of the first defendant. The fourth defendant is the alienee of the plaint schedule properties.
3. On 27.04.2007, the first defendant, on his behalf and on behalf of defendants 2 and 3, entered into Ext.A1 agreement for sale with the first plaintiff. Under Ext.A1, the plaint schedule properties, four in number, w
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