MUHAMMED YASIN Vs. P.P. ABDUL MAJEED

JUDGEMENT

(1.) PLAINTIFF and defendants are the appellants and respondents respectively in this appeal. The suit was filed for specific performance of an agreement for sale. The case of the parties as projected in the court below is as follows.

(2.) THE plaintiff is the son of the sister of late Kunhimuhammed. Defendants 1 to 3 are the children of late Kunhimuhammed and 4th defendant is the wife of late Kunhimuhammed. Ext. A1 agreement of sale was executed on 20.01.1990 by late Kunhimuhammed in favour of plaintiff agreeing to sell the plaint schedule property having an extent of 4 = acres of land for a consideration of Rs. 2,70,000/ -. It was agreed that a sum of Rs. 1,60,000/ - was already received by late Kunhimuhammed on several previous occasions and that the plaintiff paid a sum of Rs. 1,00,000/ - on the date of the agreement. It was alleged that the plaintiff was put in possession of the property by executing the agreement and the sale deed was to be executed within a period of six months on payment of the balance consideration of Rs. 10,000/ -. Within this period late Kunhimuhammed was to get the purchase certificate in respect of the property from the Land Tribunal. Kunhimuhammed passed away on 28.05.1992. The plaintiff alleged that Kunhimuhammed was seeking time for obtaining the purchase certificate, even though he approached him with the balance consideration. After the death of Kunhimuhammed, when he approached the legal heirs of Kunhimuhammed for execution of the sale deed, they refused to do anything in terms of the agreement and he sent a lawyer notice on 06.01.1993 The defendants sent a reply to the notice denying execution of the sale deed. The suit was filed under these circumstances for specific performance of the agreement dated 20.01.1990.

(3.) THE court below considered the issue regarding execution of the alleged document and receipt of any amount towards consideration.