T V ALIYAS Vs. A ABOOBACKER

JUDGEMENT

(1.) The suit filed by the respondent herein for specific performance of Ext.Al agreement for sale of the plaint schedule immovable properties was decreed by the trial court. The defendants challenge the judgment and decree of the trial court.

(2.) The plaint schedule consists of three items of properties, the total extent of which comes to 55 cents. Two items belong to the first defendant and one item having an extent of 15 cents belongs to the 2nd defendant. The 2nd defendant is the son of the first defendant. The properties are situated on the side of Vithure - Kallar road in Nedumangad Taluk. There is a house consisting of four bed rooms, sit out, dining room, kitchen and store room, in one of the items. There are coconut trees, other fuit bearing trees and miscellaneous trees in the properties.

(3.) The case of the plaintiff is that the defendants agreed to sell the plaint schedule properties to the plaintiff for a consideration of Rs. 7.5 lakhs and Ext.Al agreement for sale was executed by the defendants on 8-3-2004. An advance of Rs. One lakh was paid on that day. The period fixed in the agreement to complete the transaction was two months. In spite of notice, the defendants did not execute the sale deed. The plaintiff was and continues to be ready and willing to perform his part of the contract. The suit was filed for specific performance of the agreement with an alternative prayer for realization of the advance amount with interest.