SANDHEEP Vs. SURESH

JUDGEMENT

(1.) Dissatisfied with the decree for the alternate relief of refund of advance sale consideration in a suit for specific performance, the plaintiff is in appeal.

(2.) Three shop rooms situated in an extent of approximately 7 to 8 cents were agreed to be conveyed by the defendant to the plaintiff as per Ext.A2 agreement dated 01.12.07. The value fixed was Rs. 3,15,000/- per cent. On the date of Ext.A2, an amount of Rs. 3 lakhs was paid towards advance sale consideration. The time fixed for performance was originally 11 months. According to the plaintiff, the tenants who were occupying the rooms could not be evicted by the defendant within the time and hence the period fixed was extended twice. The extended period was up to 31.12.2009. On 25.02.2009, a further amount of Rs. 3,25,000/- was kpaid towards advance. On the failure of the defendant to perform the contract, the suit is filed for specific performance with alternate relief of return of the advance amount paid with interest.

(3.) According to the defendant, the property on measurement was found to be having a larger extent of 11 cents and that two rooms with the appurtenant land alone was occupying 8.5 cents. The plaintiff could not arrange necessary funds within time to perform Ext.A2 agreement. Accordingly, he prayed for dismissal of the suit.