SUNDAR LAL Vs. MADHUSOODANAN

JUDGEMENT

(1.) This appeal has been directed against the judgment and decree in O.S.No.83/2011 on the file of Subordinate Judge's Court, Alappuzha.

(2.) The appellant is the first defendant. The suit was one for specific performance of contract. (Parties would hereinafter be referred as per their status before the trial court).

(3.) Plaintiff entered into an agreement with the defendant for the purchase of plaint schedule property for a total sale consideration of Rs.13.00 lakhs on 20/9/2010. On the date of agreement Rs.1,50,000.00 was paid as advance sale consideration and the time of six months was stipulated for execution of the agreement. On 1/10/2010, Rs.6,50,000.00 was further paid by the plaintiff towards part of sale consideration. On the next day, i.e. on 2/10/2010 first defendant shifted his residence from the property and plaintiff was put in possession and thereafter plaintiff and family have been residing in the plaint schedule property. Plaintiff invested a sum of Rs.1,50,000.00 for maintenance of the house. Plaintiff repeatedly demanded the defendant to execute the agreement and he has been ready to perform his part of the contract always by paying the balance sale consideration. But the first defendant was not willing to perform his part and finally a registered notice dtd. 9/12/2010 was issued to the first defendant expressing the readiness and willingness of the plaintiff to execute the agreement. On 15/12/2010, first defendant and his henchmen came to the house and intimidated the plaintiff and family and attempted to drive them out of the house. Immediately, O.S.No.875/2010 was filed before the Munsiff's Court seeking for permanent injunction. As per letter dtd. 11/3/2011 plaintiff demanded the defendant to be present before the Sub Registry Office, Kalavoor on 16/1/2011 to execute the sale deed. But the defendant did not turn up. Plaintiff has got sufficient means to complete the transaction. Hence the suit.