VASUDEVAN NAIR Vs. VRIJ MOHAN

JUDGEMENT

(1.) The decree for specific performance of an agreement for sale is under challenge by defendants 1 to 8.

(2.) Ext.A1 agreement dtd. 1/5/2007 was entered into between the first plaintiff and defendants 1 to 8. Under Ext.A1, an extent of 4 acres and 30 cents of property was agreed to be conveyed by defendants 1 to 8, to the plaintiff or his nominee. The period fixed for performance was six months from the date of agreement. The consideration fixed was ?16,000/- per cent, for the extent to be ascertained on measurement.

(3.) According to the plaintiffs, as per the prior title deed the defendants 1 to 8 had title for only a lesser extent of property. So also, from the total extent of property, defendants 2 and 4 had assigned 30 cents even prior to Ext.A1 sale agreement. Alleging failure on the part of the defendants to perform the agreement, specific performance is sought for conveyance of the actual extent over which defendants 1 to 8 have title, in favour of the second defendant.