SASI Vs. K.MOHANAN

JUDGEMENT

(1.) The suit for specific performance with alternate relief for return of advance, was decreed for the alternate relief. Dissatisfied with the decree, the plaintiff is in appeal.

(2.) Ext.A2 is the agreement dtd. 22/9/2006 which is sought to be specifically enforced. The plaintiff and the defendants are first cousins (children of brothers). As per Ext.A2, the property belonging to the defendant under document No.2768/1993 of the Perumbavoor SRO was agreed to be sold to the plaintiff for a sale consideration of Rs.26,500.00 per cent, for the extent found available on measurement. On the date of agreement an amount of Rs.50,000.00 was paid towards advance sale consideration. The period fixed for performance was six months. Alleging failure of the defendant to perform the agreement, the suit was filed.

(3.) The defendant challenged the readiness and willingness of the plaintiff to go ahead with the transaction.