BHAVYANATH Vs. BALAN

JUDGEMENT

(1.) THE suit is one for specific performance of an agreement for sale dated 25-4-2007. The sale consideration agreed upon is at the rate of Rs.34,000.00 (Rupees thirty four thousand only) per cent. Therefore the total sale consideration is dependant upon the total extent of land.

(2.) THE defendant who has executed the agreement in favour of the plaintiff derived title under Document No.1405/1975, SRO Anthikkad. The petitioner/plaintiff has a case that the defendant has possession only over 70.95 cents. The fact remains that the property has to be identified with reference to the document of title.

(3.) I permit the petitioner to apply for remitting the report of the Advocate Commissioner already filed. This is subject to the condition that the petitioner pays a sum of Rs.15,000.00(Rupees fifteen thousand only) as costs to the Counsel for the respondent in this original petition. The costs shall be paid within a period of three weeks from today failing which the impugned order will remain intact.