C. HARIDASAN Vs. ANAPPATH PARAKKATTU VASUDEVA KURUP

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 3/11/2021 passed by the High Court of Kerala at Ernakulam in Regular First Appeal No. 63 of 2009, by which the High Court has allowed the said appeal preferred by the original defendants and has set aside the judgment and decree dtd. 18/8/2008 passed by he learned trial Court in Original Suit No. 205/2006, decreeing the suit for specific performance, the original plaintiff has preferred the present appeal.

(2.) That the plaintiff and the defendants entered into an agreement to sell dtd. 7/8/2005 under which the defendants agreed to sell the land in question for a consideration of Rs.8,750.00 per cent. The plaintiff paid an amount of Rs.10,000.00 as advance towards the part sale consideration amount. The balance consideration was agreed to be paid by the plaintiff within six months from the date after measuring the property provided the defendants make available the documents of title including the purchase certificate under the Kerala Land Reforms Act.

(3.) It is vehemently submitted by the learned counsel appearing on behalf of the appellant that in the facts and circumstances of the case, the High Court has committed an error in reversing the decree of specific performance.