SURESH M. Vs. JIJO JACOB

JUDGEMENT

(1.) The plaintiff in O.S.No.43/2010 before the Sub Judge, Thodupuzha, is the appellant. The suit for specific performance of agreement for sale and refund of advance money in the alternative was dismissed on 30.3.2016. This judgment and decree are challenged in this appeal.

(2.) The plaint schedule 2 acres and 25 cents were originally owned by the first defendant in the suit/first respondent herein. He sold the suit property to additional defendants 2 and 3 by executing Exts.B1 and B2 sale deeds registered on the same date, i.e., 21.4.2010. The appellant's case is that the first respondent before executing Exts.B1 and B2 sale deeds in the names of the subsequent purchasers had agreed to sell him the suit property for a value of Rs.30,10,000/- and executed Ext.A1 agreement for sale on 19.12.2008 after receiving an advance amount of Rs.30,00,000/-. The period of agreement was initially fixed for one month. According to the appellant, since the plaint property was outstanding on mortgage with a service bank and further the first respondent had personal liabilities, huge advance amount was demanded and paid. But since the first respondent was not able to discharge the liabilities and execute the sale deed within time stipulated, the agreement was extended for another period of three months which expired on 5.4.2009.

(3.) While the appellant was ready and willing to purchase the property, it is alleged that he got reliable information that first respondent was going to alienate the property in favour of third parties and therefore, he filed O.S.No.330/2009 on 9.3.2009 before the Munsiff's Court, Ernakulam, for permanent injunction against alienation of suit property. On 4.4.2009, he sent a suit notice demanding execution of sale deed, to which the first respondent did not respond at all. O.S.No.330/2009 was, however, withdrawn on 12.6.2009 and present suit was filed seeking specific performance with alternative prayer for return of advance amount.