THAHAKUNJU Vs. CHANDRA SEKHARA PILLAI

JUDGEMENT

(1.) This appeal is directed against the order dated 27.02.2021 in IA No.1/2020 in AS No.48/2020 of the Additional District Court-I, Mavelikkara confirming the judgment dated 29.11.2018 in O.S.No. 10/2018 of the Sub Court,Mavelikkara.

(2.) The appellant is the plaintiff in O.S.No.10/2018 on the file of the Sub Court, Mavelikkara. The suit was for return of money filed by the plaintiff against the defendants pursuant to an agreement for sale. The defendants are the respondents herein. The parties are hereinafter referred to as referred in the original suit.

(3.) The plaint averments are that the defendants are the owners of landed property comprised in Re-Sy.No. 238/1/14,252/4 and 238/11 having an extent of 61.4 ares of property in Block No. 15 of Vallikunnam Village, Mavelikkara Taluk. The defendants entered into an agreement on 27.2.2015 with the plaintiff agreeing to sell the property for Rs.33,000/- per cent. At the time of entering into the agreement, the plaintiff paid Rs.10 lakh as advance sale consideration, and the sale deed was agreed to be executed on or before 27.8.2015. Though the plaintiff was willing to perform his part, the defendants were not willing to execute the sale deed. Hence, the suit.