P.H. SHAJAHAN Vs. RAJEENDRAN

JUDGEMENT

(1.) This appeal is by the plaintiff in a suit for specific performance of an agreement for sale. The suit was dismissed by the trial court.

(2.) Ext.A1 agreement dtd. 25/6/1994 was executed between the plaintiff and defendants 1 and 3. The property belonged to defendants 1 to 3. Since the second defendant was not available at the time of execution of Ext.A1, defendants 1 and 3 executed the same on behalf of the second defendant also. An amount of ? 25,000/-was paid as advance sale consideration. The period fixed for performance was 30/11/1994. Though the plaintiff approached defendants 1 and 3 for execution of the sale deed, he was informed that necessary power of attorney of the second defendant has not been obtained and on receipt of such authorisation, Sale Deed could be executed. Subsequently the plaintiff realised that the defendants had already conveyed the property in favour of the 4th defendant as per Ext.A4 Sale Deed dtd. 5/7/1996. The plaintiff has filed the suit for specific performance of Ext.A1 agreement and also to set aside Ext.A4 sale deed in favour of the 4th defendant.

(3.) The defendants, including the 2nd defendant, accepted the agreement for sale. They contended that the breach of contract was committed by the plaintiff since he did not possess the balance sale consideration. It was contended that Ext.A4 Sale Deed was executed long after the expiry of the period stipulated in Ext.A1, that the sale deed is supported by valid consideration and not liable to be set aside.