PALAKKIL PUTHIYAMALIYEKKAL ABDUL RASAKH Vs. P K SALEEM

JUDGEMENT

(1.) This first appeal is preferred against judgment and decree dated 21.01.2013 in O.S No.715 of 2011 on the file of the III Additional Sub Court, Kozhikode. The defendant in the suit is the appellant herein. The appellant contends that he is the owner of the plaint schedule property. The suit was laid by the respondent herein on the claim that the parties had entered into an agreement for sale of the plaint schedule property on 19.01.2010. The agreement provided for a total sale consideration of Rs.45 lakhs, and Rs.30 lakhs was paid as advance, the balance being agreed to be paid within three months from the date of agreement and the sale deed executed. It is contended that the original documents were not handed over by the defendant at the time of agreement or even thereafter and that a lawyer notice was issued to the defendant demanding him to execute the sale deed claiming that the plaintiff was always ready and willing to perform his part of the contract. The suit was therefore laid for specific performance of Ext.A1 agreement for sale.

(2.) A written statement was filed by the appellant/defendant admitting execution of the agreement. He had stated that he had received only an amount of Rs.11,000/- from the plaintiff pursuant to the agreement. He had affixed the signature in the agreement only due to severe financial constraints and family problems. Earlier the plaintiff had paid an amount of Rs.10 lakh to the defendant when he was in financial difficulties. It is therefore contended that the suit as laid was liable to be dismissed.

(3.) The plaintiff examined himself as PW1 and produced and marked Exhibits A1 to A4. The defendant was examined as DWI and Exhibits B1 to B4 were produced and marked on his side.