K M SURESH BABU Vs. CHALIL KUNHIKRISHNA KURUP

JUDGEMENT

(1.) The appellant is the sole defendant in O.S.No.105/2002 on the file of Subordinate Judge, Kozhikode. He suffered a decree for return of advance amount charged on the plaint schedule property belonging to him. Rejecting his contention that he did not execute Ext.A1 agreement for sale dated 31.8.1999, the court below passed decree in favour of the respondent/plaintiff for an amount of Rs.2,50,000/- with interest.

(2.) The appellant is the owner of undivided share of 82/432 in the plaint schedule 45 cents held by him under partition deed No.840/2002. There is no dispute as to his fractional ownership in the plaint schedule property. While the defendant challenged the decree granting relief claimed in the suit, the plaintiff being aggrieved by refusal of costs, filed a Cross Objection.

(3.) The respondent's case is that the appellant agreed to sell his undivided share for a total sale consideration of Rs.6 lakhs within a term of one year and after receiving advance amount of Rs.2 lakhs, he executed Ext.A1 unregistered agreement for sale on 31.8.1999. The appellant also agreed to handover the title deed of the property along with the encumbrance certificate on completion of the term. Since he failed in the promise made, the respondent revoked the agreement and sent Ext.A2 suit notice on 28.2.2002 demanding return of advance money. The appellant sent Ext.B1 reply denying execution of agreement for sale and the alleged receipt of advance amount. It was in that circumstance, suit for money charged on the plaint property was laid in the court below.