JUDGMENT

Asha, J.

Appellants are the defendants in a suit for realisation of money paid in furtherance of a contract for sale, challenging the judgement and decree of the Court of Additional Sub Judge, Kottayam declaring the plaintiffs entitlement to realise a sum of Rs. 2 lakhs with interest from the date of the suit.

2. The facts leading to the case as projected by the plaintiff in the court below are as follows. An agreement was entered into between the plaintiff and first defendant on 18.10.1996, by which the first defendant agreed to sell 12.7205 cents of property in Chingavanam for a sale consideration at the rate of Rs.30,000/- per cent, receiving a sum of Rs.2 lakhs towards consideration on 18.10.1996. The period stipulated for executing sale deed was one and a half months. Plaintiff alleged that though the first defendant promised to measure and fix the boundary of the property, to execute the sale deed, she left for Bangalore and then to the ship of merchant Navy, where the second defendant is working and did not return during the period of contract for sale. He was ready and willing to get the sale deed executed within the period stipulated; but the defendants were postponi