SOMASEKHARAN NAIR Vs. PRIYAKUMAR

JUDGEMENT

(1.) Plaintiff's suit in O.S.No.143/2009 for specific performance based on Ext.A1 sale agreement dated 31.7.2006 was dismissed by the Sub Court, Kochi. Alternative relief for refund of an amount of Rs.9 lakhs was also dismissed holding that execution of agreement was not proved. Being aggrieved by the judgment and decree, the plaintiff has filed this appeal.

(2.) Appellant is a proprietor of a kuri company and the respondent/defendant is a close friend of his. Appellant's case is that respondent agreed to sell plaint schedule 2 1/2 cents of land with a residential building for a price of Rs.11,50,000/- and demanded advance amount of Rs.9 lakhs for discharging his outstanding liability with Bank of India, Kochi Branch. On 31.7.2006, respondent executed agreement for sale at his house in Palluruthy in the name of the appellant acknowledging receipt of Rs.9 lakhs in the presence of PW2 an employee of kuri company who is one of the attestors in the agreement for sale.

(3.) The agreement was for a term of two years which cast certain mutual obligations on the respondent also. Even though the appellant was ready and willing all throughout to pay balance sale consideration, a few months before the completion of the term, the respondent filed O.S.No.110/2008 before the Munsiff's Court, Kochi for a decree of mandatory injunction directing the appellant to return certain documents allegedly furnished as security for the loan received on 31.7.2006. After the suit was dismissed on 29.10.2008, the appellant again approached the defendant for execution of the sale deed and since he failed to discharge his part of the contract, the present suit was filed after sending Ext.A2 suit notice.