MOHANAN NAIR Vs. PREMACHANDRAN NAIR AND ORS.

JUDGEMENT

(1.) The Original Petition is filed by the plaintiff in O.S.No.588 of 2006 on the file of the Court of the First Additional Sub Judge, Thiruvananthapuram, by which the court below dismissed the application for amendment of the plaint.

(2.) The petitioner/plaintiff entered into an agreement for sale with the respondents. The respondents agreed to sell their property to the petitioner fixing a price at the rate of Rs. 12,000/- per cent of land. The plaintiff contended that a sum of Rs. 2 lakhs was received by the defendants as advance sale consideration. As per the agreement dated 17.5.2006, the period of six months was fixed for completing the transaction.

(3.) Since the defendants were not ready to execute the sale deed, the plaintiff caused to issue two lawyer notices to the defendants directing them to execute the document after receiving the balance consideration. In the notice dated 4th October, 2006, it is stated thus :