BHUVANA Vs. A.H.BHEEMAN (DECEASED)

JUDGEMENT

(1.) Aggrieved over the judgment of the first appellate Court in allowing the appeal suit by setting aside the decree and judgment of the trial Court granting specific performance of the agrement dated 21.05.2004, the present Second Appeal came to be filed.

(2.) The parties are arrayed as per their own ranking before the trial Court.

(3.) The brief facts of the plaintiff case is as follows : The suit property has been originally leased to the plaintiff's brother Prabhu Peter on 22.01.2003. Thereafter, the defendant offered to sell the suit property, consisting of one acre, in favour of the plaintiff for a total sale consideration of Rs.one lakh, at the rate of Rs.1000/- per cent and entered into an agreement on 21.05.2004 and received a sum of Rs.25,000/- as an advance by cheque dated 19.05.2004. The time for making remaining sale consideration is six months. It is also agreed between the parties that the defendant should measure the land and produce the sketch and title deeds, encumbrance certificate etc. Subsequently, the plaintiff has paid a sum of Rs.20,000/- on 08.08.2004 and Rs.15,000/- on 10.09.2005 by cash towards the sale consideration. Thereby, the plaintiff paid total sale consideration of Rs.60,000/-. As per the agreement, the defendant measured the property. After measurement, it was found that only 70 cents is available. Therefore, the plaintiff has to pay only Rs.70,000/- as full sale consideration. Since, the plaintiff had already paid Rs.60,000/-, the balance sale consideration remains to be paid is only Rs.10,000/-. The plaintiff is prepared to pay the balance sale consideration. However, the defendant did not produce the title deeds despite several requests made by the plaintiff. In the meanwhile, the defendant made an attempt to sell the property to third parties. Hence, the plaintiff issued legal notice dated 15.06.2006. After the receipt of the said notice, the defendant personally requested the plaintiff that he would execute the sale deed within three months. But, he did not do so. Hence, the suit.