K. CHANDAPILLA PANICKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The plaintiff in O.S. No. 423/2007 is the appellant. He challenges judgment dated 25.8.2009 by which the suit for specific performance of an agreement for sale stands dismissed.

(2.) The short facts as averred in the plaint are as under:

(3.) Defendant filed a written statement inter alia contending that though he was ready and willing to execute the sale deed, since the plaintiff did turn up to pay the balance sale consideration within the stipulated time, the defendant had no obligation to execute the agreement. He also averred that he sustained a loss of Rs. 25 lakhs since the plaintiff did pay the balance sale consideration within the stipulated time.