KUTTAN Vs. UNNIKRISHNAN

JUDGEMENT

(1.) The decree for specific performance of an agreement for sale is under challenge by the defendants.

(2.) Ext.A1 agreement dtd. 17/8/2005 was entered into between the plaintiff and the defendants. As per Ext.A1, 59 cents of property was agreed to be conveyed by the defendants to the plaintiff for a sale consideration of Rs.11,250.00 per cent. An amount of Rs.1,00,000.00 was paid on the date of Ext.A1 towards advance sale consideration. The period fixed for performance was six months.

(3.) According to the plaintiff, on 5/11/2005 he paid a further amount of Rs.2,00,000.00, which was endorsed on the agreement. In spite of repeated demands, the defendants are evading performance of the contract and accordingly, the suit is filed.