LAWS(KER)-2023-9-133

NAZEER K. Vs. MUHAMMED ASHARAF K.P.

Decided On September 21, 2023
Nazeer K. Appellant
V/S
Muhammed Asharaf K.P. Respondents

JUDGEMENT

(1.) Defendants Nos.1 and 2 in O.S.No.679 of 2012 before the Sub Court, Kannur has filed this appeal under Sec. 96, read with Order XLI, Rule 1 of the Code of Civil Procedure, 1908. The plaintiffs and defendants No. 3 to 6 are the respondents.

(2.) The parties are hereinafter referred to as they were arrayed in the suit.

(3.) Defendant Nos.1 and 2 are aggrieved by the decree in the suit granting specific performance of Ext.A1 agreement. The suit was laid alleging that the defendants No. 1 and 2 did not come forward to execute the sale deed in terms of Ext.A1 agreement dtd. 5/4/2011, despite repeated demands. The said agreement was entered into between the plaintiffs and defendants No.1 and 2 for the sale of the plaint schedule property, which is 29 cents of land. The 1st defendant is the owner. The 2nd defendant, who is his brother, entered into the agreement as his power of attorney agreeing to sell the property for a sale consideration of Rs.2,82,000.00 per cent. On the date of the agreement, Rs.9.00 lakhs was paid as part of the sale consideration.