GOOD SAMARITAN CHARITABLE TRUST Vs. SAMUEL

JUDGEMENT

(1.) The suit for specific performance of an agreement for sale was dismissed by the trial court. The plaintiff is in appeal.

(2.) The plaint schedule property having an extent of 4 acres and 44.5 cents belong to defendants 2 to 4. The plaintiff is a trust represented by its chairman. He is hereinafter referred to as "the plaintiff". According to the plaintiff, he entered into Ext.A1 agreement for sale dtd. 5/8/2004 with the owners, for purchase of the property for a total sale consideration of Rs.53,34,000.00. The agreement was entered into through the first defendant as the power of attorney holder of the owners, as per Ext.A12 power of attorney dtd. 20/7/2004, since they are abroad at United States of America. Under Ext.A1, the period fixed for performance was three months. An amount of Rs.1.00 lakh was paid on the date of Ext.A1 towards advance sale consideration. Subsequently the period was extended till December and thereafter, under Ext.A2, the period was extended up to 30/1/2008. Alleging failure on the part of the defendants to honour the agreement, the suit was filed.

(3.) The defendants denied Exts.A1 and A2 agreements, and also Ext.A12 power of attorney. It was alleged that the first defendant had, in the year 2004, availed a loan from the plaintiff. As security he was caused to sign on a blank stamp paper; the same was fabricated into the agreement for sale.