DEVAKI AMMA Vs. VARGHESE

JUDGEMENT

(1.) The above appeal is filed against the judgment and decree in O. S. No. 505 of 1981 on the file of the Sub Court, Thiruvananthapuram. Defendants 1 to 3 are the appellants and the plaintiff is the respondent. The suit was filed by the plaintiff for specific performance of an agreement to sell the plaint schedule property, which is 19 cents in extent with building thereon in Sy. No. 947 of Vanchiyoor Village.

(2.) In the suit, there were five defendants. Defendants 4 and 5 are not parties to this appeal. First defendant Devaki Amma Balambika Devi is the wife of fifth defendant and defendants 2 to 4 are the daughters of defendants 1 and 5, fourth defendant being minor. The averments in the plaint are as follows:

(3.) 15 cents out of the 19 cents of the plaint schedule property were obtained by defendants 1 to 3 as per partition deed No. 1598 of 1973. Fourth defendant was born subsequent to the partition and hence, she is entitled to share in the 15 cents. The balance four cents belong to the first defendant on the death of one Narayana Pillai and Devaki Amma. According to the plaintiff, defendants 1 to 3 and 5 agreed to sell the plaint schedule property to the plaintiff or his nominee and executed an agreement for the above purpose on 13.9.1980 in favour of the plaintiff. It was agreed that the plaintiff shall purchase and the defendants shall sell the plaint schedule property for a total consideration of Rs. 5,05,000/- and an amount of Rs. 10,000/- was received by the defendants as advance. Para.6 of the plaint gives the details of the agreement.