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2012 Supreme(Online)(KER) 29757

HIGH COURT OF KERALA
HARUN-UL-RASHID, J
SANTHAMMA – Appellant
Versus
V M SATHEESAN PILLAI – Respondent


JUDGMENT

Defendants are the appellants. The appeal is directed against the judgment and decree dated 31.3.2003 in O.S.No.

61/1995 on the file of the Subordinate Court, Mavelikkara.

2. The suit is for specific performance of the contract for sale. The court below decreed the suit and granted a decree for specific performance of Ext.A1 agreement for sale and directed the plaintiff to deposit balance sale consideration of Rs. 41,999/- due to the defendants within a period of one month and the defendants to execute a registered sale deed in favour of the plaintiff within one month from the date of deposit and the plaintiff will be entitled to apply for execution of sale deed through court. Parties hereinafter are referred to as plaintiff and defendants as arrayed in the suit.

3. The plaint schedule property is having an extent of 30 sq.mts comprised in resurvey No. 593/20 of Kannamangalam Village and the shop room situated therein. The 2nd defendant is the son of the first defendant. The plaintiff's case is that defendants on 14.10.1994 executed an agreement for sale of the plaint schedule property. The agreement is marked as Ext.A1. It is alleged that the defendants agreed to sell the pr

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