K.S.DILIP KUMAR Vs. K.V.SATHYAN

JUDGEMENT

(1.) The suit for specific performance of an agreement for sale and for return of the excess money paid, was decreed by the trial court for return of the advance sale consideration. The plaintiff is in appeal.

(2.) Ext.A1 agreement dtd. 11/10/2006 was entered into between the plaintiff, the 1st defendant and his mother. As per Ext.A1, 18 cents of property belonging to the 1st defendant, and 6.5 cents of property belonging to his mother were agreed to be conveyed to the plaintiff. The consideration payable was Rs.10,000.00 per cent. On the date of agreement, an amount of Rs.65,000.00was paid towards advance sale consideration. The period fixed for performance was, on or before 11/1/2007. Thereafter, on 23/6/2008, the plaintiff paid a further amount of Rs.2,50,000.00 to enable the defendant to clear the encumbrance over the property. The second defendant is the power of attorney holder and wife of the first defendant. Alleging failure on the part of the defendants to perform the agreement, the suit was filed. The plaintiff seeks for specific performance of Ext.A1 agreement and also return of the excess amount of Rs.70,000.00 paid by him.

(3.) Though the defendants had filed a written statement, thereafter they remained ex parte.