MUHAMMED Vs. CHANDRIKA

JUDGEMENT

(1.) The appellant instituted the suit for specific performance of Ext. A-1 agreement dated 24-9-1994, for sale of the plaint schedule property having an extent of 10 cents of land, which is a portion of the larger extent of 28 cents. The trial court partly decreed the suit. The prayer for specific performance of the contract was rejected and the plaintiff was allowed to realise the advance amount of Rs. 10,000 with interest at 6% per annum from 24-3-1995 till the date of realisation with proportionate costs. The plaintiff is aggrieved by the rejection of the prayer for specific performance.

(2.) The consideration agreed upon was Rs.3,500 per cent of land. An advance amount of Rs. 10,000 was paid by the plaintiff to the defendants. It was agreed that the transaction should be completed within a period of six months. There was a stipulation in the agreement that the defendants should measure out the property at their expense in the presence of the plaintiff and should entrust to the plaintiff the tax receipt and encumbrance certificate. It was also agreed that the sale price should be determined on the basis of the extent of the property actually found on measurement. The agreement was signed by the defendants only.

(3.) The case of the plaintiff was that he sought the assistance of the Officers of the Village Office concerned for the purpose of measurement. When the measurement was in progress, on 15-3-1995, some of the neighbouring property owners raised objection regarding the boundary from which the measurements were taken. The measurement was accordingly postponed. On 24-3-1995, the plaintiff and the broker approached the defendants requesting them to perform their part of the contract. The defendants did not accede to the request. The plaintiff stated that he was always ready and willing to perform his part of the contract and the sale deed could not be executed because of the breach of contract committed by the defendants. As an alternative to the prayer for specific performance, a prayer for return of the advance amount and for awarding damages of Rs.25,000 was claimed by the plaintiff.