RAMAKRISHNAN NAIR Vs. JOSEPH

JUDGEMENT

(1.) THIS appeal is by defendants 4, 5, 7, 8 and 12 from a decree granting specific performance of an alleged oral agreement said to have been entered into on 9-11-1118 between all the adult members of the appellants' tarwad and the first respondent - plaintiff by which the former agreed to sell the plaint property to the latter. The plaint property consisted of paddy lands having an extent of 44 acres and 71 cents and the sale consideration said to have been agreed upon is the sum of Rs. 22,803-8 Chs. 8 cash. Out of this, it was alleged, that credit must be given for the sums of Rs. 1770/- and Rs. 1017-4-Chs. which have been alleged to be advanced by the first respondent to the tarwad. Defendants 1 to 12 are members of the tavazhi of the third defendant who is the mother of defendants 1, 2, 4 to 6 ,10 and 12. Defendants 7 to 9 are the children of the 6th defendant and the 11th defendant is the son of the 10th defendant. 1st defendant is the karnavan of the tarwad and the 2nd defendant the next senior in age. The suit was resisted by the appellants as well as other defendants and they contended that there was no concluded agreement as was alleged, that the agreement, if any, is not supported by consideration, that in any event it is prejudicial to the interests of the tarwad, that there was no necessity for the sale of the property and that no decree for specific performance should be granted.

(2.) THE court below has granted the relief of specific performance and also found that credit should be given to the sums of Rs. 1770/- and 1017-4 Chs.

(3.) THE allegations in the plaint regarding this matter are contained in Para. 2 thereof and are similar to those stated in Ext. K extracted above. THE evidence in the case has not advanced the case of the 1st respondent any further.