ANTONY Vs. JENSON

JUDGEMENT

(1.) Sole defendant in O.S.No.37/2015 has preferred this appeal challenging the judgment and decree of the Sub Judge, Kochi, for payment of Rs.25,00,000/- to plaintiff with interest. Plaintiff/respondent filed the said suit seeking a decree for specific performance of contract for sale with alternative relief for refund of advance amount. The court below accepted the plea of the defendant/appellant that plaintiff was not ready and willing to perform his part of the contract and dismissed suit for specific performance but granted decree for refund of advance amount.

(2.) The appellant assails the impugned judgment and decree on two grounds;

(3.) I heard the learned counsel for the appellant. Though respondent was served, he did not appear and contest the appeal.