AHAMMEDKUTTY BRAN Vs. SUKUMARAN

JUDGEMENT

(1.) Challenging the dismissal of a suit for return of advance sale consideration, the plaintiff is in appeal.

(2.) Ext.A1 agreement dtd. 11/11/2013 was entered into between the plaintiff and the predecessor of the defendants, Rosamma. As per Ext.A1, an extent of 25 cents with the residential building thereon was agreed to be conveyed by Rosamma to the plaintiff for a sale consideration of Rs.62.50 lakhs. On the date of agreement an amount of Rs.12.5 lakhs was paid towards advance sale consideration. The balance consideration was payable on or before 11/5/2014. Alleging breach of the agreement by the defendants, the suit was filed for return of the advance sale consideration.

(3.) The defendants admitted Ext.A1 agreement executed by the predecessor. It was contended that the agreement was entered into for raising of funds for the treatment of their mother Rosamma. Consequent on the failure of the plaintiff to pay the balance sale consideration, there occurred breach. Rosamma had entered into an agreement for sale with the third partyRajan for purchase of his property. An amount of Rs.13.00lakhs was paid towards advance sale consideration. Consequent on the failure of the plaintiff to perform Ext.A1 agreement, the said transaction could not go through. Though a suit was filed against the said Rajan for return of the advance sale consideration, the same was dismissed for the inability of Rosamma to pay court fee. It was contended that the suit is barred by limitation. On these allegations a counter claim was raised for damages of Rs.13.00 lakhs.