ALUKAS JEWELLERY Vs. ANIL

JUDGEMENT

(1.) The decree for specific performance is under challenge in these appeals by defendants 1 and 8 respectively.

(2.) The first defendant is the plaintiff's uncle (father's brother). The second defendant is the power of attorney holder of the first defendant. The 8th defendant is the transferee pendente lite. The second defendant died and his legal heirs were impleaded as defendants 3 to 7. They were subsequently deleted from the party array.

(3.) The first defendant is settled in the United States of America. The plaintiff is into business in U.A.E. The plaintiff, and the first defendant through his power of attorney holder the second defendant, entered into Ext.A1 agreement for sale dtd. 21/2/2009. Thereunder, 1 acre 20 cents of property belonging to the first defendant was agreed to be conveyed to the plaintiff. The sale consideration fixed was Rs.1,50,000.00 per cent. An amount of Rs.10.00 lakhs was paid towards advance sale consideration. The period fixed for performance was 11 months. Subsequently, on 29/3/2010, the period was extended till 30/9/2010 and the sale consideration was reduced to Rs.1,40,000.00 per cent.