SARADA Vs. DIVAKARA KURUP

JUDGEMENT

(1.) This Second Appeal arises from the judgment and decree of the Munsiff's Court, Mavelikkara in O.S. No. 415 of 1999 allowing specific performance of Ext. A1, agreement for sale dated 20.01.1999, confirmed by the First Additional District Court, Mavelikkara in A.S. No. 62 of 2003. Plaint A and B schedules belong to the appellant/defendant as per Exts. A2 and A3, settlement deed No. 2536 and sale deed No. 2308 of 1998. While the appellant was in possession and enjoyment of the said property, it is alleged, she entered into Ext. A1, agreement dated 20.01.1999 for sale of the said items to the respondent for Rs. 50,000/-. She is said to have received Rs. 27,000/- by way of advance and agreed to execute the assignment deed in favour of the respondent within seven months from that day. It is further alleged that the original of document Nos. 2536 and 2308 of 1998 along with the original tax receipt were given to the respondent. Since the appellant was not ready and willing to perform her part of the contract, the respondent issued notice dated 09.08.1999 demanding specific performance and appeared at the office of the Sub Registrar on 16.08.1999, but the appellant did not turn up. Hence the suit.

(2.) The appellant contended that there was no such agreement for sale, nor had she executed Ext. A1, agreement. She had borrowed Rs. 20,000/- from the respondent on 20.1.1999 agreeing to pay interest at the rate of Rs. 1000/- per month. At that time, she gave a signed, blank, stamp paper to the respondent. She paid Rs. 4,500/- by way of interest. She claimed that the property is worth Rs. 4 lakhs and that the notice dated 09.08.1999 was replied by Ext. A7.

(3.) The respondent gave evidence as P.W. 1 and examined P.Ws. 2 and 3 who are the witness and scribe of Ext. A1, Appellant gave evidence D.W. 1, D.W. 2, husband of the appellant, is said to be one of the attesters in Ext. A1.