K.MURALI Vs. M.MOHAMED SHAFFIR

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree of the trial Court in allowing the application filed seeking to invoke Order VII Rule 11(d) of the Code of Civil Procedure on the ground of the suit being barred by limitation.

(2.) The appellant and the first defendant in the suit entered into an agreement for sale on 10.3.2008 with the total consideration at Rs.51,43,600/-. A sum of Rs.5,00,000/- as advance was also paid. Four months time has been fixed in the said agreement to pay the balance amount. The agreement further proceeds to state that if the appellant did not comply with his part of contract or delays in making payment beyond the specified time, he would lose the advance amount and the agreement would become invalid. On the refusal of the first defendant or adopting any delaying tactics by him, liberty is given to the appellant to work out the remedy before the Court. Consequently, he can also compel the first defendant to perform his part of the contract, which is inclusive of rectification of mistake.

(3.) The dispute arose between the appellant and his brother, who has been arrayed as the third defendant in the suit, pursuant to which a complaint was given on 28.10.2008 against him by the appellant. To be noted, this dispute has arisen after the expiry of the period specified in the agreement for sale dated 10.03.2008.