LINK INDIA HOMES PVT LTD Vs. JOE JOSEPH

JUDGEMENT

(1.) Judgment and decree of the Second Additional Sub Judge, Ernakulam in O. S. No. 606 of 2002 is under challenge at the hands of the defendants. The suit was filed with seven defendants in the array of parties. In the written statement, objections had been raised suggesting that there was misjoinder as well as non joinder of parties. Defendants 8, 9 and 10 came to be impleaded at that point of time. The suit was one for specific performance and compensation. The appellants suggested that it could have been understood as a suit for mandatory injunction requiring execution of sale of plaint schedule properties. However, the controversy had been resolved at the preliminary stage, and taking note of the scope and purport of the suit, the plaintiff had been directed to remit the deficit court fee before the court below and in consonance therewith required court fee had been remitted by the appellants herein.

(2.) The learned Sub Judge had directed the defendants to execute a sale deed in favour of the plaintiffs in respect of apartment No. 14D on the 14th floor of the building Link Horizon situated in the plaint schedule property with car parking facilities, after receiving the balance consideration for a total plinth area of 1980 sq.feet. Consequential directions were also issued as warranted. Aggrieved by the judgment and decree, the defendants in the suit have come up with this appeal. The case of the plaintiffs and the defence put in by the defendants could be briefly stated herein below.

(3.) Essentially it is pleaded that the plaintiffs, who are residing at Calcutta, but who are Keralites, were looking forward to settle at Cochin during their evening years. They had come to note of the project launched by the first defendant - Company and had negotiated for allotment of Flat No. 14D in the building, described as Link Horizon, proposed to be put up at Marine Drive. The saleable area was 1790 sq.feet consisting of 3 bed rooms with car parking facility. The plaintiffs (respondents herein) thereafter had jointly paid a sum of Rs. 7 lakhs towards consideration on 26/09/1994. According to them, they were given to understand that on allotment they were to pay a further sum of Rs. 4,72,500/- and quarterly instalments of Rs. 1,16,250/- from November, 1994 onwards, totalling Rs. 19,83,750/-. The price per square feet was Rs.1000/-. The last instalment was payable on Ist of November, 1996 and at the time of taking possession they were to pay Rs. 54,472/-.