K P PRABHAKARAN Vs. OORAMKUNNUMMAL CHANDRAN

JUDGEMENT

(1.) THIS Revision is filed by the plaintiff in O.S.No.54 of 2007 on the file of the Sub Court, Koyilandy, challenging the order dated 24.11.2010 passed by the court below allowing the application filed by the respondents to rescind the agreement for sale dated 18.12.2006.

(2.) THE petitioner filed the suit for specific performance of the agreement for sale. THE suit was decreed on 22.8.2008 directing the defendants to execute the assignment deed in favour of the plaintiff after receiving the balance consideration. As per the decree, the balance consideration was to be paid on or before 21.9.2008. THE plaintiff filed a petition for extension of time. Time was extended till 22.10.2008. However, the plaintiff did not deposit the amount within that time.

(3.) THE learned counsel for the petitioner submitted that the advance amount was Rs. 10 lakhs. THE plaintiff paid more than Rs. 8 lakhs as court fee. THE total consideration agreed upon was Rs. 72,89,000/-. It is submitted that in the peculiar facts and circumstances of the case, the court below should have at least directed the defendants to pay interest on the advance amount.