SHAJU Vs. VICTORY CONCRETE BRIKS PVT. LTD.

JUDGEMENT

(1.) These appeals arise from a suit instituted by the first respondent (hereinafter referred to as "the plaintiff") seeking specific performance of an agreement for the sale of immovable property. The trial court decreed the suit in favour of the plaintiff and dismissed the counterclaim raised by the appellant, who was the first defendant in the original suit (hereinafter referred to as "the defendant"). The defendant now challenges the said decree in these appeals.

(2.) As per the agreement dtd. 20/1/2014, the defendant agreed to sell 1.26 acres of land owned by him to the plaintiff at the rate of Rs.9,000.00 per cent, within a period of three months. The plaintiff contended that an amount of Rs.11.37 lakhs was paid as advance sale consideration to the defendant's Power of Attorney holder. Subsequently, the plaintiff paid the entire sale consideration through three cheques to the said Power of Attorney holder. Expecting that the defendant would execute the sale deed as agreed, the plaintiff purchased stamp paper worth Rs.1.8 lakhs on 19/4/2014. The plaintiff was compelled to institute the suit since the defendant failed to execute the sale deed.

(3.) According to the plaintiff, the agreement for sale was part of a broader compromise arrangement involving certain other parties, aimed at resolving long standing disputes between them with the defendant's brother, a multimillionaire. The agreement was also signed by the Power of Attorney holder of the defendant, on behalf of the defendant. Pursuant to this compromise, the plaintiff and certain other individuals had already transferred their respective properties to the intended parties. The defendant, however, failed to act in accordance with the agreement, it is alleged.