IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
M/S. VAGAMON THOMSON FARMS – Appellant
Versus
RAJESH GEORGE – Respondent
Sathish Ninan, J.
The suit for specific performance of an agreement for sale was rejected by the trial court under Order VII Rule 11 of the Code of Civil Procedure , as barred by limitation.
2. The agreement sought to be enforced in the suit is dated
15.03.2012. The suit is filed only on 02.12.2021. Under the agreement, the period fixed for performance was six months.
3. The plaint allegation is that, though the plaintiffs were ready and willing to proceed with the agreement, the defendant was postponing the execution. On the last date for compliance of the agreement viz. 14.09.2012, the defendant disclosed that there are some mistakes in the survey numbers relating to the property. It was agreed that the property would be conveyed as soon as the said mistake is corrected. The plaintiffs having paid ₹ 20 lakhs R.F.A. No.355 of 2022 towards advance sale consideration agreed to the defendants' request. It was agreed that the property would be conveyed on curing the defects in the survey numbers. Though the defendant was approached on various occasions, the plaintiffs were told that the process of correction was not completed. The suit has been filed alleging that on 25.11.2021 plaintif
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