CHENGUNI OTHAYOTH THANKOM Vs. KOOLOTH BALAKRISHNAN NAIR

JUDGEMENT

(1.) This appeal is filed against the judgment and decree in A.S. No. 263 of 1989 of a learned single Judge of this Court. Defendant is the appellant before us. The suit was filed by the plaintiff for specific performance of Ext. A2 agreement dated 16.2.1982. This appeal is filed against the judgment and decree in A.S. No. 263 of 1989 of a learned single Judge of this Court. Defendant is the appellant before us. The suit was filed by the plaintiff for specific performance of Ext. A2 agreement dated 16.2.1982.

(2.) The defendant is alleged to have executed Ext. A2 in favour of the plaintiff, who is related to the plaintiff. The plaintiff married defendant's sister's daughter. As per Ext. A2, it is seen that two items of properties are agreed to be sold; one is 2 acres and 64 cents obtained by the defendant after the death of the father and the other is 90 cents in Re-survey No. 63. Ext. A2 shows that the property was agreed to be sold for Rs. 140/- per cent. Rs. 9,000/- was given as advance and further Rs. 37,000/- was given on the day on which the agreement was executed. Ext. A2 further says that the balance amount of Rs. 3,560/- will be paid within nine months and that the defendant should execute the document in favour of the plaintiff.

(3.) According to the plaintiff, he was ready and willing to perform his part of the contract. The plaintiff requested many times the defendant to execute the sale deed after receiving the balance amount as per the agreement. Thereafter, the plaintiff informed the defendant by notice dated 11.11.1982 that on 15.11.1982 or 16.11.1982, the deed can be executed and that she should be present in the Valapattanam Sub Registry Office. On these days the plaintiff was present in the Sub Registry Office. But the defendant was not present.