NOKKARA KUNHIRAMAN Vs. THEKKUNCHERI KUNNEL GEORGE

JUDGEMENT

(1.) THIS appeal is filed by the defendant in O. S. No. 150 of 1992 on the file of the Sub Court, Hosdurg. The respondent is the plaintiff in that suit. O. S. No. 150 of 1992 is a suit for return of advance amount.

(2.) THE case of the plaintiff is briefly as follows. The defendant agreed to sell his property to the plaintiff for a total sale consideration of Rs. 3 lakhs and the defendant received Rs. 30,000/- from the plaintiff as advance and the defendant executed an agreement for sale on 5. 6. 1992. The balance of sale consideration has to be paid on or before 5. 9. 1992. The defendant had hypothecated the property to Hosdurg Co-operative bank for Rs. 30,000/- The defendant had to pay some amount to the previous owner of the property, viz. A. Bhaskar Rao, from whom the defendant had purchased the property and the defendant had executed an agreement to that effect. This fact was suppressed by the defendant at the time of executing the agreement for sale. When the plaintiff came to know about this agreement, the plaintiff demanded back the advance of sale consideration from the defendant. But the defendant did not return the amount. Hence the suit.

(3.) THE main contention of the defendant is briefly as follows. The defendant admitted the agreement dt. 5. 6. 1992. As per the stipulations in the agreement, if the plaintiff failed to execute the sale deed on or before 5. 9. 1992, the agreement will be cancelled and the advance will not be refunded to the plaintiff.