PARAMU Vs. BALAN

JUDGEMENT

(1.) The defendant in a suit for mandatory injunction directing him to vacate the house bearing Door No. 13/215 comprised in Sy. No. 298/4 Edakkunni Village is the appellant.

(2.) The questions of law framed in the second appeal are as follows:

(3.) The plaintiff was allotted the property described in the plaint schedule as per registered partition deed of the year 1993. The plaintiff and defendant entered into an agreement for sale with respect to the property on 20.7.1994 (Ext. A3) for a consideration of Rs. 1,14,000/-. An amount of Rs. 55,000/- was paid in three instalments towards the sale consideration. Since the balance amount was not paid no sale deed could be executed. However, the defendant broke open the door after 23.10.1994 and started residing in the house. Though a complaint was made to the police, no action was taken by them.