BALAN Vs. KRISHNAN

JUDGEMENT

(1.) The defendant in O.S. 1368/94 on the file of Subordinate Judges Court, Thrissur is the appellant. The suit was filed for specific performance of the agreement entered into between the plaintiff and the defendant. Though the defendant admitted the agreement, has contended that the plaintiff has repudiated the contract and accordingly the advance amount received by him is paid to the plaintiff and therefore, the plaintiff is not entitled to any relief in the suit. The lower court after trial found that the plaintiff is entitled to specific performance of the contract and granted a decree in his favour directing the defendant to execute the registered assignment deed as per the agreement on the plaintiff depositing the balance consideration in court within a month from the date of the judgment. Hence the above appeal is preferred by the defendant before this Court.

(2.) The defendant - appellant died pending appeal and his legal representatives are impleaded as additional appellants 2 to 8 as per order in CMP No. 2079/2000 dated 5.6.2000.

(3.) The deceased 1st appellant and the respondent are brothers. It is the admitted case that they entered into Ext. A1 agreement dated 20.7.1994 whereby the deceased 1st appellant agreed to sell 47 cents of land belonging to him exclusively to the respondent for a consideration of Rs. 3500/- per cent, received Rs. 50,000/- towards consideration and agreed to execute registered assignment deed in respect of the property on or before 30.10.1994.