THOMAS, S/O.KALLELI DEVASSY Vs. KARTHU

JUDGEMENT

(1.) PLAINTIFF in a suit for specific performance of Ext.A1 agreement for sale is the appellant herein, challenging judgment and decree of the court below to the extent it did not grant the relief of specific performance, but limited the relief to a decree for realization of the advance amount. The defendants have filed a Cross Objection No.30 of 2008 challenging the decree granted.

(2.) ACCORDING to the appellant, deceased Ramakrishnan and his wife Karthu - original defendants 1 and 2 agreed to sell the plaint schedule property having an extent of 2 acres and 64 cents for a total consideration of Rs.18,50,000/ -, by executing Ext.A1 agreement on 20.10.2005, in favour of the appellant. The time limit for execution of the agreement was fixed as two months. A sum of Rs.10 lakhs was paid on the date of agreement itself to the defendants, which was acknowledged in the agreement. An additional sum of Rs.1,25,000/ - was paid towards the sale consideration on 25.10.2005, for which an endorsement was made by the 1st defendant on the reverse of the agreement. As the defendants did not take any action in terms of the agreement, appellant issued a lawyer notice on 16.12.2005 demanding execution of sale deed. This was followed by telegrams sent on 19.12.2005. But the defendants did not turn up for execution of the sale deed even though the appellant, who was ready and willing to perform his part with the balance sale consideration, was present in the Sub Registry office on 19.12.2005 and 20.12.2005. The suit was filed at that stage.

(3.) ON behalf of the plaintiff, PW1 to PW5 were examined and Exts.A1 to A14 were marked. DW1 to DW3 were examined and Exts.B1 to B3 were marked, on behalf of the defendants. Exts.X1 to X10 were summoned and marked through PW4 and PW5. The court below, on examination of the entire records found that the agreement was genuine, disbelieving the version of the defendants. The payment of sale consideration to the tune of Rs.11,25,000/ - was also found in favour of the appellant. However, the court below decreed the suit only in part, directing the defendants to pay a sum of Rs.11,25,000/ - along with interest @ 6% per annum from 20.10.05 till realization, for which there shall be a charge on the plaint schedule property. Proportionate costs was also allowed.