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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
NAISAM – Appellant
Versus
A. S. IQBAL – Respondent
| Table of Content |
|---|
| 1. facts of sale agreement rescission and lower court proceedings. (Para 2) |
| 2. substantial questions on damages, evidence, and property rights. (Para 3) |
| 3. no specific performance bars advance forfeiture claim. (Para 4 , 5 , 6) |
| 4. unsubstantiated loss claims rejected for all co-owner defendants. (Para 7 , 8 , 9 , 10) |
JUDGMENT
These appeals arise out of the very same judgment in A.S. No. 119 of 2010 on the files of Addl. District Court – II, Kollam.
2. O.S. No. 318 of 2004 is a suit instituted for return of advance money on an agreement of sale dated 11.02.2004 in respect of 127 cents which was agreed to be purchased at Rs. 4350/- per cent by the appellant in RSA No. 63 of 2014. Rs. 1,00,000/- was paid as an advance sale consideration. Defendants 1 to 3 were co-owners of the property having a different share. Six months period was fixed for performance of the agreement. On 21.06.2004, the plaintiff recalled the agreement by issuing a notice stating that there was some misdescription regarding the identity of the property and, therefore, he does not want to proceed with the contract. On 27.07.2004, a reply was sent by the defendant stating that there is misdescription of t
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