NARAYANA PILLAI CHANDRASEKHARAN NAIR Vs. KUNJU AMMA THANKAMMA

JUDGEMENT

(1.) Plaintiff appeals against the appellate decree dismissing his suit for specific performance of an agreement for sale in reversal of the decree of the Trial Court.

(2.) Ext.Al is the agreement unilaterally executed by the defendant in favour of the plaintiff, who is her sister's son inlaw, on 6-4-1978. The property is 31/2 cents and a building. Consideration is Rs.5,000/-. Term is three years. Towards the sale consideration, the appellant executed a pronote in favour of the respondent on 6-4-1978 itself for Rs.4,900/- with a term of three years. Balance amount of Rs.100/- was agreed to be paid when the sale deed is executed. That means, in effect, the entire sale consideration of Rs.5,000/- was to be paid when the sale deed is executed.

(3.) On 27-3-1981, appellant issued notice demanding sale and requesting defendant to appear before the Sub Registrar on 6-4-1981. On 3-4-1981, respondent sent Ext. A4 reply repudiating Ext. Al and stating that even though she signed Ext. Al it was without knowing the contents and the agreement was for executing sale deed for a consideration of Rs.10,000/- within one year. She expressed her disinclination and did not appear.