SARALA, Vs. SALMON

JUDGEMENT

(1.) THIS appeal arises from the judgment and decree of learned Sub Judge, Thrissur in O.S.No.1094 of 1995 allowing the first respondent to recover the sum of Rs.21,000/- with interest @6% per annum from the date of the suit till realisation together with Rs.10,000/- by way of compensation, the said amount also carrying interest @6% per annum.

(2.) ACCORDING to the first respondent/plaintiff, he entered into Ext.A1, agreement dated 23.12.1994 with the appellants/defendants 1 to 4 agreeing to purchase the suit property belonging to the appellants for consideration of Rs.16,000/- per cent and on the date of the agreement paid Rs.21,000/- by way of advance. First respondent was willing and ready to perform his part of the contract but the appellants backed out. It is the case of the first respondent that as per the terms of the agreement it was the obligation of the appellants to produce the documents of title and to show that the appellants have marketable title over the property and measure and identify the property, none of which was done by the appellants. Hence he sued for specific performance of the agreement for sale with an alternative prayer for recovery of advance amount and damages.

(3.) THE second respondent was impleaded as additional