KOLLERI VELAYUDHAN Vs. V.DINU

JUDGEMENT

(1.) Challenging a decree for specific performance, the defendant is in appeal.

(2.) Ext.A1 agreement dated 15.01.05 is sought to be specifically enforced. The extent of property covered therein is 48.24 cents. The consideration fixed is Rs. 24,500/- per cent payable for the extent found available on actual measurement. Out of the total sale consideration an amount of Rs. 50,000/- was paid towards advance sale consideration. The period fixed for performance was two months. Alleging failure on the part of the defendant to perform the contract, the suit was filed.

(3.) Though the defendant contended that the non- performance of the contract was at the instance of the plaintiff, the trial court on evidence found against the defendant. On finding the readiness and willingness of the plaintiff, the trial court granted a decree for specific performance.