SOLOMON ERNEST P Vs. VALSALAKUMARY

JUDGEMENT

(1.) The appellant is the first defendant in the suit O.S.No.459 of 2013 on the file of the Additional Subordinate Judge's Court, Ernakulam. He has challenged the decree for realisation of money passed against him in the suit.

(2.) The first respondent in the appeal is the plaintiff and the other respondents are the second and the third defendants in the suit. The suit was initially instituted only against the first defendant for granting a decree for realisation of the money paid by the plaintiff as advance towards sale consideration pursuant to Ext.A2 agreement for sale of the plaint schedule property executed between the plaintiff and the first defendant. Subsequently, the persons who purchased the property from the first defendant were impleaded as the second and the third defendants in the suit.

(3.) The case of the plaintiff in the suit is that she and the first defendant executed Ext.A2 agreement on 11.12.2012 by which she agreed to purchase the plaint schedule property for a consideration of Rs.11, 50, 000/- per cent and that the first defendant agreed to sell the property to her and that she paid a total amount of Rs.40, 00, 000/- to the first defendant towards sale consideration. It is alleged by the plaintiff that the first defendant failed to fulfill his part of the contract by clearing the liability over the property and that he failed to execute the sale deed in respect of the property in favour of the plaintiff on receiving the balance amount of sale consideration. Therefore, the plaintiff filed the suit for realisation of the amount of Rs.40, 00, 000/- paid by her to the first defendant with interest @ 12% per annum.