T.A.GEORGE Vs. T.M.KURIAKOSE

JUDGEMENT

(1.) Being aggrieved by the impugned judgment and decree of the Sub Court, Thodupuzha, in O.S.No.8/2007, granting specific performance of agreement for sale and perpetual injunction, the sole defendant preferred this appeal. While ordering the plaintiff/respondent to pay the balance amount of Rs.5 lakhs as per the terms of contract of sale, the court below directed payment of additional amount of Rs.4 lakhs also exercising its discretion. This part of the decree is not challenged by the respondent and has become final.

(2.) The plaint schedule 8.75 cents of land and the residential building owned by the appellant is comprised in Kannan Devan Hills Village (KDH Village) and is part of 10 1/2 cents obtained by him under Ext.A1 patta dated 30.04.1999. The respondent's case is that the appellant agreed to transfer plaint schedule property for a total sale consideration of Rs.18 lakhs as per Ext.A4 unregistered agreement for sale dated 19.02.2004 and also give advance possession immediately on receipt of a sum of Rs.8 lakhs within four months of Ext.A4 and received an advance amount of Rs.25,000/- on the date of agreement itself. The respondent claims to have paid Rs.13 lakhs before the stipulated four months and got possession of plaint property on 17.04.2004.

(3.) During the relevant period, there were allegations of corruption against the Additional Tahsildar of Devikulam village that he had issued large number of fake pattas including Ext.A1 to ineligible persons and following this controversy, the State Revenue Department had undertaken official enquiries to identify and cancel such bogus pattas in accordance with law. In this connection, IG of Registration issued a circular debarring registration of lands comprised in KDH Village without obtaining prior permission from the Revenue authorities.