MOHAMMED LEBBA Vs. PATHUMMAL BEEVI

JUDGEMENT

(1.) The plaintiff in OS No. 153 of 1979 on the file of the Court of the Munsiff of Nedumangad, which is a suit for specific performance, is the appellant.

(2.) The plaint schedule property belongs to the defendant. The case of the plaintiff is that on 1-2-1979, the defendant executed an agreement evidenced by Ext. A1 in favour of the plaintiff agreeing to sell the plaint schedule property to him for Rs. 1,000/- and an amount of Rs. 100/- was received by her and that as per Ext. A1, the defendant was bound to execute the sale deed in favour of the plaintiff within three months from the date of execution of that agreement receiving the balance of consideration, Rs. 900/- but inspite of repeated demands, the defendant refused to execute the sale deed. The plaintiff sent a notice to the defendant demanding her to execute the sale in her favour receiving the balance of consideration and directing her to go to the Sub Registrar's office, Kattakada on 17/04/1979, for execution and registration of the document. It is his further case that he went to the Sub Registrar's office on 17/04/1979, but the defendant did not turn up and that it is in those circumstances, the suit was filed.

(3.) . In her written statement, the defendant denied the execution of the agreement and receipt of Rs. 100/- as advance and contended that Ext. A1 is a fabricated document and it is not binding on her.