SASIDHARAN S/O.PURUSHOTHAMAN Vs. GOPINATHAN NAIR

JUDGEMENT

(1.) PLAINTIFF is the appellant. Suit was for specific performance of an agreement of sale with alternative relief for refund of the advance paid. The court below declining enforcement of the agreement of sale granted only the relief for refund of advance. Aggrieved by the decree declining specific performance, he has preferred this appeal.

(2.) EXT .A1 agreement of sale paying a sum of Rs.10,000/ - as advance on the purchase price, fixing a time limit of six months for completion of sale, was entered by plaintiff and defendants 1 to 4, is undisputed. Plaintiff alleged that defendants defaulted in performing their part in not satisfying their proprietory title, measuring and determining the actual extent in their possession, that the property is free from any encumbrance and doing such other acts necessary for completion of sale. Though plaintiff was ready and willing to take the sale deed in terms of Ext.A1 agreement, sale could not be completed by the laches and wilful default by defendants, was his case.

(3.) LEARNED Sub Judge appreciating the pleadings and evidence in the case came to the conclusion that plaintiff failed to establish his case that defendants evaded from execution of the sale deed. Case of the defendants over the necessity pleaded by them for entering into the agreement of sale, to meet the marriage expenses of their grown up daughters with funds obtained from sale, appeared to be convincing to the learned Sub Judge to hold that they were ready and willing to give the property to the plaintiff if he was prepared to take the same in terms of agreement. On the materials placed learned Sub Judge also formed the conclusion that plaintiff evaded from getting the sale deed executed in time, and, the defendants suffered loss as they had to sell another property at a lesser price to meet their necessities. Arriving at such conclusions specific performance of Ext.A1 agreement of sale was declined, but, the plaintiff was granted the alternative relief directing the defendants to pay the advance sum received Rs.10,000/ - with 6% interest per annum from the date of suit till realisation with costs.