JIYA Vs. CHANDRASEKHARAN

JUDGEMENT

(1.) The appellants are additional defendants 3 and 4 in O.S.No.406/2001 filed before the Sub Court, Kollam, for specific performance of Ext.A1 contract of sale dated 25.4.1998 allegedly executed by their mother, original defendant. Additional defendants 2 to 4 jointly contested the suit filed by the first respondent, the sole plaintiff, after death of their mother during the pendency of the suit. The original defendant contested the suit denying execution of Ext.A1 and liability for specific performance of the contract.

(2.) The suit was decreed by the court below by impugned judgment declaring title and possession of the plaintiff over plaint schedule 4.20 ares which belonged to the original defendant under Ext.A2 original gift deed dated 21.8.1970, despite the suit having been filed solely for specific performance, in which, the issues as to title and possession were not germane for consideration.

(3.) The plaintiff's case is that the original defendant agreed to sell the suit land for a consideration of Rs.25,000/- per cent and executed Ext.A1 accepting Rs.2 lakhs as advance amount promising to execute the sale deed on 25.9.2001 on receipt of balance sale consideration. Ext.A2 original gift deed as well as the tax receipt of the property were also handed over to the plaintiff with further stipulation that the amount of balance consideration will be ascertained after measurement of the extent of the property available for sale.