K V BALAN Vs. BHAVYANATH

JUDGEMENT

(1.) The defendant in O.S.468/08 on the file of the 1st Additional Sub Court, Thrissur is the appellant. The suit was filed by the respondent, seeking specific performance of Ext.A1 agreement entered into between himself and the appellant and the decree sought was to direct the appellant to execute and register sale deed in respect of plaint schedule properties in his favour and to deliver the property to him, after getting the boundaries fixed by a Taluk Surveyor and by providing original title deeds and other documents. By the judgment and decree under appeal, the suit was dismissed.

(2.) We heard the counsel for the appellant and the learned counsel appearing for the respondent.

(3.) The facts of the case are that on 25.4.2007, Ext.A1 agreement was entered into between the appellant and the respondent, whereby, the appellant had agreed to sell 75.75 cents of land owned by him for Rs. 34,000/- per cent. The period specified for completing the sale was 11 months. The agreement shows that the appellant had paid an advance amount of Rs. 2,00,000/- and had also agreed to make a further payment of a minimum amount of Rs. 3,00,000/- within four months. As per the agreement, the property was to be measured.