ALIKUTTY PALATHINKAL Vs. INFANT JESUS CHURCH

JUDGEMENT

(1.) This appeal is filed against the judgment and decree in O.S. No. 857 of 1987 of the Sub Court, Ernakulam. The suit was filed for specific performance of an agreement to sell the plaint schedule property to the plaintiff. The facts of the case are as follows

(2.) The appellant is the additional third plaintiff in the suit. The suit was filed by late Alexander Palathinkal and his son for specific performance of the agreement, Ext. A 5, dated 5-3-1984 entered into by the said Alexander Palathinkal and his son with the first defendant - Church represented by its Vicar and Trustees. As per the agreement, respondents 1 to 8 herein had agreed to convey the plaint schedule property for a total consideration of Rs. 3,47,500. A sum of Rs. 10,000 was paid as advance. As per the agreement, the sale was to be effected on or before 5-9-1984. The plaintiffs have always been ready and willing to perform their part of the contract. The suit was necessitated on the failure of the respondents to perform their part.

(3.) The plaintiffs issued Ext. A 6 notice to the defendants, which was replied by Ext. A 7. The execution of the agreement is admitted by the defendants. As regards the execution of the sale deed, it was disclosed in the reply notice that the sale deed can be executed after getting the sanction from the Venerable Curia of Verapoly Archdiocese and that there is difficulty to get the sanction in view of the objections raised by some Parishioners. It was further stated that the demand for measuring the property before getting the sanction is not justified.