IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
JAMES – Appellant
Versus
MURALEEDHARAN – Respondent
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 dismissed by the trial court. The plaintiffs are in appeal.
2. On 16.02.2010 Ext.A1 agreement for sale was executed between the plaintiffs and defendants. The extent of property involved is 1 acre and 51.5 cents. From out of the said extent, 10 cents belongs to one Vijayalakshmi, who is not a party to the suit. She has also not signed Ext.A1 agreement. The remaining extent belongs to defendants 1 and 2. As per Ext.A1 agreement the property was agreed to be conveyed for a total consideration of ₹ 41,20,000/-. The period fixed for performance was up to 16.05.2010. On the date of Ext.A1 an amount of ₹ 26 lakhs was R.F.A. No.157 of 2018 paid towards advance sale consideration. Subsequently, on various occasions, the period of performance was extended and there were payments of further advances towards balance sale consideration. The entire sale consideration payable was paid by 07.04.2016. The payments and the extensions were endorsed on the reverse side of Ext.A1 agreement. On getting information that the defendants have entered into an
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