SARAMMA Vs. VARGHESE

JUDGEMENT

(1.) APPELLANTS are the defendants in a suit for realisation of money paid in furtherance of a contract for sale, challenging the judgment and decree of the Court of Additional Sub Judge, Kottayam declaring the plaintiffs entitlement to realise a sum of Rs. 2 lakhs with interest from the date of the suit.

(2.) THE facts leading to the case as projected by the plaintiff in the court below are as follows. An agreement was entered into between the plaintiff and first defendant on 18.10.1996, by which the first defendant agreed to sell 12.7205 cents of property in Chingavanam for a sale consideration at the rate of Rs. 30,000/ - per cent, receiving a sum of Rs. 2 lakhs towards consideration on 18.10.1996. The period stipulated for executing sale deed was one and a half months. Plaintiff alleged that though the first defendant promised to measure and fix the boundary of the property, to execute the sale deed, she left for Bangalore and then to the ship of merchant Navy, where the second defendant is working and did not return during the period of contract for sale. He was ready and willing to get the sale deed executed within the period stipulated; but the defendants were postponing the matter on lame excuses. On realising that they rescinded the contract, a lawyer notice was sent to the defendants on 17.7.1998 demanding execution of sale deed. The defendants in the reply notice issued on 22.7.1998 informed the plaintiff that a civil case was pending in respect of the property. The plaintiff therefore rescinded the contract as the defendants cheated him. Suit is filed thereupon for refund of advance money paid, stating that he did not commit any breach of contract and was always ready and willing to perform his part.

(3.) THE plaint schedule property was sold during the pendency of the suit and the purchaser was impleaded as additional third defendant.