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2009 Supreme(Online)(KER) 45066

HIGH COURT OF KERALA
V.GIRI, J
VIJAYAN – Appellant
Versus
DAMODHARAN NAIR – Respondent


Advocates:
SRI.O.RAMACHANDRAN NAMBIAR, SMT.PRASANNA H.KAMATH, SRI.V.CHITAMBARESH (SR.), SRI.T.C.SURESH MENON

JUDGMENT

Defendants, in a suit for specific performance of an agreement for sale, are the appellants herein.

2. The plaint schedule property was agreed to be sold by the defendants in favour of the 1st plaintiff under Ext.A1 agreement for sale, a total extent of 8 cents at the rate of Rs.3,000/- per cent. An amount of Rs.4,000/- was paid as advance on the date of agreement. The period for execution was stipulated as 2 months. It seems that the plaintiff was ready with the balance consideration and document for execution of the sale. Ext.A4 advocate's notice was issued demanding execution of the sale in terms of Ext.A1 agreement. Defendants replied under Ext.A5 notice contending that they were willing to execute the sale deed, but it was the plaintiff, who was not ready with the balance consideration. This was the only reason why the execution of the sale deed was delayed. The defendants also took up a contention that Ext.A1 agreement did not contain a clause enabling the plaintiff to approach the court for specific performance and this stands in the way of the plaintiff seeking a specific performance of Ext.A1. The plaintiffs are, according to the defendants, if at all, entitled to c

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