R RAMA IYER Vs. P K JACOB

JUDGEMENT

(1.) This appeal is filed by the plaintiff against the judgment and decree in O.S. No. 115 of 1988 of the Principal Sub Court, Alappuzha. The suit was filed for realisation of the balance amount of Rs. 1.5 lakhs with future interest and costs on the basis of an agreement for sale of property. The case of the plaintiff is as follows:

(2.) The property in Sy. No. 363/8B of Velloor Village in Vaikkom Taluk, which was a coconut grove situate about a furlong east of the Muvattupuzha river, belonged to the father of the appellant who died on 15-11-1984. On the death of the father, it devolved on the members of the family consisting of the appellant and respondents 4 to 7 and the appellant was holding the same as Manager. In 1985, the defendants, who were partners in business approached the appellant for the purchase of the aforesaid property or the soil therefrom for brick making. The first defendant was introduced to the appellant by his brother inlaw as per Ext. A10 letter and the appellant was satisfied as to his credentials and credibility.

(3.) The appellant and his younger brother entered into an agreement, Ext. A1 with the defendants on 26-10-1985 for the sale of the above said property or the soil therefrom for Rs. 2,75,000/- receiving an initial advance of Rs. 50,000/-. Another Rs. 50,000/-was agreed to be paid within three months and the balance in installments of Rs. 1 lakhs and Rs. 50,000/- respectively. The defendants wanted the agreement to be signed on 26-10-1985 itself as they were in a hurry to commence the work. On the understanding that reasonable reduction in the consideration for deficiency, if any, in the area below 1 acre found on measurement subsequently will be agreed to by the appellant, the defendants were put in possession of the property on 28-10-1985.