MANI AMMA Vs. KOLOLICHALIL CHOYI

JUDGEMENT

(1.) THE appellate court dismissed the suit reversing the judgment of the Trial Court.The plaintiffs appeal.These are the facts.

(2.) THE plaintiffs filed a suit for specific performance of a contract for the sale of the plaint schedule property.The contract was between the plaintiffs and the defendant.Plaintiffs say that the defendant agreed to sell all his rights in the plaint property for a consideration of Rs.1,500/ - to the plaintiffs on or before 15 -11 -1973.The plaintiffs paid an amount of Rs.1,000/ -.Though the defendant agreed to execute a sale deed on receipt of the balance consideration of Rs.500/ he declined to receive the balance consideration and execute the sale deed.Plaintiffs issued a notice demanding the defendant to perform his obligation under the contract.

(3.) THE averments in the plaint would show that the plaintiffs went to the registry office to show their readiness and willingness to purchase the property.They got a sale deed prepared.That document is produced in the case marked as Ext.A2.Ext.A2.is a sale deed prepared on stamp papers purchased on 22 -11 -1973.In the habendum of this document,it is clearly recited that it is a sale deed between the plaintiffs and defendant in respect of plaint property.Of course,it was not registered since the defendant did not agree to receive the balance consideration and execute the document.