MURALEEDHARAN Vs. V.P.MARY

JUDGEMENT

(1.) The plaintiff in O.S.No.9/2006 Sri.Muraleedharan is the appellant in this appeal.

(2.) Sri.Muraleedharan assails the judgment and decree of the Subordinate Court, Palakkad in O.S.No./2006, which had been filed by him against the respondent herein - Smt.V.P.Mary seeking specific performance of an agreement of sale between them, as per which, he had agreed to buy the plaint schedule property, comprised of 1.66 Acres for an amount of Rs.3,50,000/-.

(3.) According to the appellant, the agreement to sell, namely Ext.A1, was executed on 07.06.2004, on which day, he paid an advance of Rs.30,000/-, which was accepted by Smt.V.P.Mary. He says that the time for performance of the agreement was fixed as on or before 05.09.2004; but that on 20.02.2004, on mutual consent, a further amount of Rs.50,000/- was paid by him towards advance and the agreement stood extended until 22.02.2005. He says that even though the term of the agreement stood so extended, no action had been taken by Smt.V.P.Mary to provide the originals of the title deeds or the encumbrance certificate and such other due diligence papers until January, 2005; but that instead of doing so, she caused a notice to be issued to him on 28.01.2005, a copy of which has been marked on record as Ext.A2, however, without mentioning the fact that she had received an additional advance of Rs.50,000/-.