VINODAN Vs. SUNIL KUMAR AND ORS.

JUDGEMENT

(1.) The appellant is the first defendant in O.S. No. 1054 of 2007 on the file of the Court of the Subordinate Judge of Thrissur. The first respondent herein filed the said suit seeking specific performance of Ext. A1 agreement dated 17.4.2007 for sale of the plaint schedule property and in the alternative for return of the advance amount of Rs. 25,000/- together with interest at the rate of 12% from the date of Ext. A1 sale agreement and a further sum of Rs. 50,000/- towards damages.

(2.) The court below decreed the suit and the first respondent/plaintiff was directed to pay the balance sale consideration at the rate of Rs. 24,250/- per cent to the appellant/first defendant within one month from the date of decree and the first defendant in turn was directed to receive the said amount and to execute a sale deed in respect of the entire property described as plaint schedule item No. 1 and 1/2 share in the property described as plaint schedule item No. 2. It was also ordered that, if the appellant/first defendant refuses to receive the balance sale consideration and execute the sale deed within the stipulated period, the first respondent/plaintiff can deposit the balance sale consideration in court, within two weeks from the date of expiry of the aforesaid period of one month and file a petition to have a sale deed executed in his favour. Aggrieved by the judgment and decree of the court below, the appellant/first defendant is before us in this appeal.

(3.) We heard the arguments of the learned counsel for the appellant/first defendant, the learned counsel for the first respondent/plaintiff and also the learned counsel for respondents 2 to 4/defendants 2 to 4.