MANI J MEENATTOOR Vs. AMY HOMI COLABWALLA

JUDGEMENT

(1.) To decide the two questions raised by the Ist defendant appellant, it is unnecessary to state the facts of the case in detail. The bare facts necessary for the appeal are as follows:

(2.) The 2nd defendant entered into an agreement with the deceased Ist plaintiff for the purchase of 1103.86 acres of private forest in South Wynad Taluk known as the Valiya Para Estate, The agreement provided for the sale of the land to the 2nd defendant or his nominees. The Ist defendant as per Ext. Al sale deed dated 6-7-1968 purchased 490.98 acres of land from the plaintiff as advised by the 2nd defendant for a price fixed at Rs. 1,00,000/- towards which a sum of Rs.38,000/- was paid on the date of sale and the balance Rs. 62,000/- was to be paid within six months thereafter. The Ist defendant was put in possession of the land on the date of Ext. Al itself. The period of six months fixed in Ext. Al for payment of the balance consideration of Rs. 62,000/- expired on 6-1-1969. The plaintiff issued Ext. A2 notice dated 6-3-1969 to the Ist defendant demanding payment of the balance consideration and requiring the Ist defendant to desist from cutting and removing trees in the land sold before the balance consideration is paid. There was no reply to Ext. A2 notice and a suit was filed on 21-11-1969, for recovery of the sum of Rs. 62,000/- with interest from the date of sale. The plaintiff died during the pendency of the suit and the 2nd plaintiff is brought on record as his legal representative.

(3.) Various contentions were raised by the 1st defendant in defence to the suit. For the purpose of this appeal it is necessary to advert only to the following contentions.