IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
Iyyathu – Appellant
Versus
Sidhique – Respondent
| Table of Content |
|---|
| 1. specific performance sought by plaintiff. (Para 1) |
| 2. arguments about execution of documents. (Para 2 , 3) |
| 3. court observations on evidence and findings. (Para 4 , 5 , 6 , 7) |
JUDGMENT
This appeal is preferred by the defendant in O.S. No.192 of 2013, a suit for specific performance. According to the plaintiff, an agreement for sale was entered into between the plaintiff and the defendant on 21.12.2012, whereby the defendant agreed to sell the plaint schedule property to the plaintiff at the rate of Rs.49,000/- per cent, and a sum of Rs.6,00,000/- was paid as advance by the plaintiff to the defendant towards sale consideration. The plaintiff contended that in pursuance of the said agreement, a sale deed was also prepared on 5.8.2013. However, the defendant, after affixing her signature in the sale deed, refused to execute the sale and hence the suit. The defendant resisted the suit by contending that there was no agreement of sale between the parties and that only an amount of Rs.50,000/- was borrowed by her from the plaintiff, and the agreement of sale dated 21.12.2012 was a fabricated and concocted one. On behalf of the plaintiff, PW1 to PW5 were examined in order
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