HARIDASANUNNI Vs. SUBI

JUDGEMENT

(1.) The decree for specific performance is under challenge by the defendant.

(2.) Ext.A1 agreement dtd. 23/7/2012 is sought to be specifically enforced. As per Ext.A1, an extent of 12.45 Ares of property belonging to the defendant was agreed to be conveyed to the plaintiff. The sale consideration fixed was Rs.25,000.00 per cent. On the date of agreement, an amount of Rs.2.00 lakhs was paid towards advance sale consideration. The period fixed for performance was three months. Alleging failure on the part of the defendant to honour the agreement, the suit was filed.

(3.) The defendant admitted execution of Ext.A1 agreement and also the receipt of advance sale consideration. However, the defendant contended that the plaintiff was not ready and willing to perform his part of the contract. Thus he prayed for dismissal of the suit.