K.A.JYOTHI Vs. SIVADASAN (DIED)

JUDGEMENT

(1.) Heard the learned counsel for the appellant and respondents.

(2.) Appellant is the plaintiff in O.S.No.374 of 2008 before the Court of Subordinate Judge, Alappuzha. Suit is one for specific performance of Ext.A1 contract. Plaintiff agreed to purchase 2.75 Ares of garden land with improvements thereon from the defendant as per Ext.A1. Total sale consideration fixed was Rs.4,00,000/-. Term fixed for performance of the contract was six months. Some liability was outstanding on the property with a bank. The defendant agreed to discharge the liability before conveying the property to the plaintiff. Plaintiff was always ready and willing to perform her part of the contract. Due to non-corporation of the defendant, the contract could not be performed in time. Despite sending a lawyer notice at the instance of the plaintiff, the defendant did not execute the sale deed as agreed to be done. Another suit, O.S.No.207 of 2008 was filed before the Munsiff's Court for a permanent prohibitory injunction against the defendant from transferring the plaint schedule property during the currency of the agreement.

(3.) The defendant filed a written statement contending that there was no occasion for him to execute an agreement with an intention to sell the property. Defendant, in order to overcome his financial difficulty, borrowed a sum of Rs.2,25,000/- on two occasions from the plaintiff and to secure the amount, Ext.A1 contract was executed. There was no intention on the part of the defendant to sell the property to the plaintiff.