BABU SASEENDRANATHAN NAIR Vs. GANGA BAI

JUDGEMENT

(1.) These are the two appeals preferred against the concurrent findings rendered by both the Trial Court (I Addl. Sub Court, Thiruvananthapuram) in O.S. Nos. 326/2002 and 672/2004 and the First Appellate Court (District Court, Thiruvananthapuram) in A.S. Nos. 257/2007 and 267/2007 by the defendant in the leading case in O.S.326/2002. The parties herein below referred in their status in the leading case in O.S.326/2002.

(2.) The leading case in O.S.326/2002 is for specific performance of the contract for sale based on an agreement dtd. 16/4/1990, Ext.A1. The defendant had agreed to give approximately 16 cents of property, after excluding the portion of property acquired out of 29 cents, at the rate of Rs.7,000.00 per cent, but no specific period was either entered or endorsed. Initially, an amount of Rs.75,000.00 received by way of advance out of the sale consideration. There were subsequent payments. Total amount paid, comes to Rs.1,10,900.00. The total sale consideration for 16 cents would come to Rs.1,12,000.00.

(3.) Execution of Ext.A1 agreement is admitted. The main contention is that the agreement was never intended to be acted upon and that the present suit stood as hopelessly barred by limitation. These two contentions were rejected by both the Trial Court as well as the First Appellate Court.