SHAMSU SUHARA BEEVI Vs. G ALEX

JUDGEMENT

(1.) The defendant/appellant (hereinafter referred to as "the appellant") entered into an agreement of sale with the plaintiff/respondents (hereinafter referred to as "the respondents") on 20. 10. 1994 for the sale of land measuring 15.125 cents owned by her at the rate of Rs. 3,15,0007- per cent for a total consideration of Rs. 44,66,385/ -. The agreement was to be executed within a period of 3 months from the date of the execution of the agreement of sale. A sum of Rs. 10 Lakhs was paid by the respondents as advance/earnest money towards the sale consideration. As the appellant failed to execute the sale deed the respondents on 26.4.1995 filed a suit being o. S. No. 458 of 1995 in the Court of III Additional sub-Judge, Ernakulam for specific performance of the agreement dated 20. 10. 1994. Appellant filed the written statement. The suit was decreed on 24.7.1997 in the following terms:

(2.) Respondents in terms of the decree deposited the sum of Rs. 34,66,385/- in the court as balance of the sale consideration on 23.10. 1997 within the period of 3 months. The Court directed that the amount deposited be kept in a nationalised Bank and accordingly the amount was deposited in the Indian Bank, mattancherry Branch. Respondents moved IA no. 5187 of 1997 for permission to measure the suit property to ascertain the exact extent of land and a direction to the appellant to obtain "ho objection certificate" from the Department of Income Tax so that sale deed could be executed. On 17.2.1998 respondents moved another application, IA No. 851 of 1998, under section 28 (3) of the Specific Relief Act, 1963 (hereinafter referred to as "the Act") claiming interest @ 12% on Rs. 44,66,385/- (sale consideration) from the date of deposit of the amount till the registration of the sale deed and delivery of possession of the suit property. The sale deed was executed and registered by the appellant on 17.8.1999. It was found that clearance from the Department of Income Tax was not required. Soon after the registration of the sale deed the respondents took possession of the property.

(3.) The trial Court disposed of IA Nos. 5187 of 1997 and 851 of 1998 by a common order dated 15.10. 1999. Both the I. As were allowed. The actual extent of land held by the appellant worked out to be 14.179 cent instead of 15.125 cents mentioned in the agreement of sale. It was held that the respondents were entitled to recover the sum of Rs. 12,77,870/- by way of compensation which included the costs awarded in the suit, excess amount deposited and interest by way of compensation on the sale consideration. Respondents were permitted to recover the amount of rs. 12,77,780/- from the amount lying deposited in the Bank. The break up of the sum of Rs. 12,77,780/- under various heads for payment to the respondents was worked out as under: