MARTIN Vs. DEVASSY

JUDGEMENT

(1.) The defendant in O.S. No.255 of 2012 on the file of the Court of the Subordinate Judge, North Parur, is the appellant. The plaintiff in the suit is the respondent.

(2.) The suit O.S.No.255 of 2012 was one for specific performance of an agreement for sale. The plaint schedule property belongs to the defendant. According to the plaintiff, there is a granite quarry in the neighbourhood of the plaint schedule property and he was conducting quarrying operations in the said quarry in partnership with others. It is stated in the plaint that the defendant used to create hurdles to the quarrying operations of the plaintiff and consequently, at the instance of the political leaders in the locality, there was a mediation talk and it was decided in the said mediation that the plaintiff shall purchase the plaint schedule property from the defendant for a sum of Rs.90,000/- per cent for the property and Rs.1,50,000/- for the building therein.

(3.) The defendant filed a written statement denying the agreement for sale and reiterating the stand taken by him in Ext.A3 lawyer notice. According to him, there was neither any mediation talk nor any agreement for sale as alleged by the plaintiff. He also denied the receipt of the advance sale consideration pleaded by the plaintiff. On the other hand, it was pleaded by the defendant in the written statement that the agreement for sale relied on by the plaintiff is a document concocted by the plaintiff, making use of the blank signed stamp papers entrusted by the defendant, while borrowing money from him.