SATHY Vs. SAYED MOHAMMED

JUDGEMENT

(1.) Appellants are defendants 1 and 2.

(2.) Suit was for specific performance of Ext. A1 agreement dated 29.4.1993 entered into between defendants 1 and 2 and the plaintiff for sale of 3.140 cents of land and the buildings thereon situated in Sy. No.153/1 of Mattancherry Village, for a sale consideration of Rs.1,35,000/-

(3.) Plaint schedule property comprised of a residential building bearing No. CC 4 / 551 and two shop rooms bearing Nos. 4/549 and 550. Defendants 1 and 2 agreed to execute the sale deed within a period of six months from the date of the agreement, after getting the possessory mortgagee and tenants evicted. Since defendants 1 and 2 failed to comply with the terms of the agreement, plaintiff sent a lawyer notice Ext. A2 dated 25.10.1993 before the expiry of the six months' period directing them to comply with terms of the agreement and execute the sale deed within the time stipulated in the agreement. Plaintiff stated in the notice that he was ready and willing to perform his part of the contract. Defendants 1 and 2 did not sent any reply to the lawyer notice.