LEELA RAGHAVAN Vs. ZACHERIA

JUDGEMENT

(1.) DEFENDANTS 1, 2 and 11 in O.S. 58 of 1991 on the file of Sub Court, Mahe are the appellants.

(2.) THE material facts necessary for the disposal of this appeal could be summarised thus:

(3.) IN the written statement filed by the first defendant, she admitted that there is agreement for sale. But according to her, 11th defendant is residing in the building along with his son and he being co-owner, he could not be evicted merely because of agreement for sale executed by her along with others. It is her further case that even though they attempted to get 11th defendant evicted, he was not prepared to vacate the building nor he was prepared to sell the property. According to first defendant, 11th defendant has refused to vacate on the ground that sale Consideration do not represent the actual market value of the property. It is further averred by first defendant that the agreement was taken by plaintiff with two specific conditions. One is that the occupants should be evicted and the house should be given possession to plaintiff within a period of one year and the same become impossible and secondly, 7th defendant was not in a position to obtain Court permission to assign the shares of her minor children. Since these conditions could not be complied with, plaintiff was informed about the impossibility to perform the contract and they expressed their willingness to return the advance paid by plaintiff. It is also alleged that even though agreement is dated 29.11.1987 and plaintiff also filed the suit only in October 1991, will show that plaintiff himself was not serious in getting specific performance of the Contract. It is the case of first defendant that she could not execute sale deed due to circumstances beyond her control. She prayed for dismissal of the suit.