HAMAZA HAJI Vs. THYKKANDIYIL IBRAHIM

JUDGEMENT

(1.) The suit for return of advance sale consideration paid under an agreement for sale, was decreed in part. Challenging that part of the decree which declined relief, the plaintiff is in appeal.

(2.) Ext.A1 agreement dtd. 9/12/2013 was entered into between the plaintiff and the defendant, where under, the plaint 'A' schedule property was to be purchased by the plaintiff from the defendant for a total consideration of Rs.1,79,50,000.00. The discharge of the consideration was to be by conveyance of the plaint 'B' schedule property having a value of Rs.50.00 lakhs in favour of the defendant and the balance amount of Rs.1,29,50,000.00 to be paid. The period fixed for performance was up to 30/9/2014. As evidenced by Ext.B1 memorandum dtd. 7/6/2015, the period fixed for performance was extended up to 20/8/2015. Under the agreement the plaintiff paid a total amount of Rs.85.00lakhs towards advance sale consideration. Alleging that the defendant failed to convince the plaintiff of the extent and title, the suit was instituted for return of the advance sale consideration.

(3.) The execution of Ext.A1 agreement and Ext.B1 mediation memorandum, are not in dispute. The receipt of Rs.85.00 lakhs towards advance sale consideration is also admitted. It is the contention of the defendant that the plaintiff was not ready and willing to perform the agreement. It was claimed that consequent to the default on the part of the plaintiff to perform the agreement, the defendant sustained damages. He sought appropriation of the advance amount of Rs.85.00 lakhs, towards the damages.