JANARDHANAN NAIR Vs. UMMER

JUDGEMENT

(1.) A decree for specific performance of an agreement for sale is under challenge by defendants 1 and 2.

(2.) Defendants 1 and 2 are husband and wife. Defendants 3 and 4 respectively are their son and daughter. Ext.A1 agreement for sale dated 21.06.06 is executed by defendants 1, 2 and 4 in favour of the plaintiff. The fourth defendant has signed Ext.A1 describing to be on behalf of the third defendant. The extent of property covered in Ext.A1 is 5.620 cents. The consideration fixed is 21.52 lakhs per cent. The period fixed for performance is four months, expiring on 20.10.06. on the date of Ext.A1 an amount of Z2 lakhs is paid as advance sale consideration. It is claimed that there has been payment of a further amount of 250,000.00 towards further advance, on 16.08.06. Alleging refusal on the part of the defendants to perform Ext.A1 agreement, the suit is filed.

(3.) Defendants 1 and 2 denied Ext.A1 agreement and contended that in the course of a money transaction between the plaintiff and defendants 1 and 2, they entrusted signed blank stamp paper and white papers to the plaintiff. The same have been misutilized by the plaintiff, for creating the agreement for sale. The third defendant denied the agreement for sale and contended that the fourth defendant was not authorised to enter into any agreement for sale on his behalf.