BASHEER HAJI Vs. MUSTHAFA MOOSA

JUDGEMENT

(1.) The suit for return of advance sale consideration and damages, was decreed for return of advance sale consideration. To the extent aggrieved, the plaintiff and the second defendant are in appeal in the respective appeals.

(2.) Ext.A1 agreement dtd. 16/5/2011, was entered into between the plaintiff on the one part and defendants 1 and 2 on the other. Under Ext.A1, defendants 1 and 2 agreed to sell the plaint schedule property to the plaintiff. The total sale consideration fixed was Rs.17,60,00,000.00. The consideration payable included, a conveyance by the plaintiff to the defendant in respect of a property worth Rs.10,80,00,000.00, and the balance amount of Rs.6,80,00,000.00 to be paid.

(3.) According to the plaintiff, at the time of entering into Ext.A1 there were subsisting liabilities over the plaint schedule property with various Banks amounting to Rs.2,92,00,000.00. An amount of Rs.72.00 lakhs already received by the defendants from a third party was to be adjusted towards the consideration. The plaintiff alleges that pursuant to Ext.A1 an amount of Rs.2,92,00,000.00 was paid by the plaintiff to the defendant to wipe off the bank liabilities. The liabilities were cleared and the title deeds were got returned from the banks. Exts.A8 to A22 are the title deeds so handed over by the defendants to the plaintiff. Thus, the balance sale consideration payable by the plaintiff was Rs.2,16,00,000.00.