AHAMMED Vs. MAMMAD KUNHI

JUDGEMENT

(1.) Appellant in this second appeal filed O.S.108/76 before the Subordinate Judge, Tellicherry for specific performance of Ext.A1 agreement for sale and also for injunction restraining the defendants from disturbing his possession. The suit was dismissed by the trial court and the decision was confirmed by the District Judge, Tellicherry in A.S. 248/78.

(2.) The subject-matter of the suit is 30 cents of land which belonged to defendants 2 and 3. They gave Ext. B6 power of attorney to the 1st defendant authorising him to sell right over the said property. On the basis of that power 1st defendant entered into Ext. A1 agreement on 3-8-1974 with the plaintiff agreeing to sell the entire 30 cents for a consideration of Rs. 5,000/-. Rs. 2,500/- was received as advance on the date of Ext. A1. The further case of the appellant is that on the date of Ext. A1 itself he was put in possession of the entire 30 cents and the sale deed had to be taken on payment of the balance amount on or before 31-10-1974. Alleging that 1st defendant demanded a higher price and attempted to forcibly evict the plaintiff from the property he filed the suit.

(3.) The case put forward by the 1st defendant was that the appellant was not satisfied with the title and he wanted to resile from the agreement. It is also said that the advance amount was agreed to be re-paid and thereafter the power of attorney in his favour was cancelled.