D. DEVARAJAN Vs. ALPHONSA MARY

JUDGEMENT

(1.) The plaintiff in O.S.No.29 of 2017 has come forward with the present appeal. The suit is laid for specific performance of an unregistered agreement of sale dated 14.6.2015, and as per the plaint the total consideration payable is Rs.13,72,500.00 against which, the plaintiff has paid an advance of Rs.50,000.00. In the written statement the execution of the unregistered sale agreement is not disputed, but its non performance is sought to be justified on grounds that are not germane to the ongoing appeal.

(2.) Points for consideration:

(3.) The learned counsel for the appellant submitted :