STATE Vs. VELAYUDHAN

JUDGEMENT

(1.) This appeal is filed against the judgment and decree in O.S. No. 175 of 1990 on the file of the Sub-Court, Tirur. The suit was filed for specific performance of an agreement to sell the plaint schedule property. The agreement is produced as Ext. A6. According to the plaintiff, Ext. A6 was executed by defendants 1 and 2 for the sale of the plaint schedule property for a total consideration of Rupees 85,000/-, out of which, Rs. 70,000/- had been paid on the day on which Ext. A6 was executed. The balance amount was agreed to be paid within one month and the sale deed executed.

(2.) According to the plaintiff, the plaintiff is a person, who is employed in Gulf Countries. The suit was filed by the power of attorney holder of the plaintiff. The balance amount was paid to the defendants. But they refused to accept the amount and also execute the sale deed. Ext. A1 notice was issued to the defendants to which they replied stating that they did not execute the document. On the other hand, according to them, they had borrowed Rs. 15,000/- from the plaintiff when he last came from abroad. They promised to repay the amount within two years. Since this was not paid within two years, the plaintiff wanted the document of title of the defendants and also he got one signed stamp paper and one signed blank paper as security for the repayment of the amount. The plaintiff had fabricated the documents for sale. The defendants had not executed the document.

(3.) The lower Court raised relevant issues in this case and held that there is no satisfactory evidence to prove the execution of the agreement and the passing of the consideration. On the basis of the above, the Court held that the defendants was not entitled to specific performance and granted a decree for Rs. 15,000/- in favour of the plaintiffs from the defendants. It is against the above judgment and decree refusing to grant specific performance that the present appeal has been filed by the plaintiff. The defendants filed Cross Objection against the judgment granting Rs. 15,000/- in favour of the plaintiff.