K BHASKARAN NAIR Vs. HABEEB MOHAMMED

JUDGEMENT

(1.) Plaintiff is the appellant. Suit was filed for specific performance of an agreement to sell the plaint schedule property or in the alternative for return of the amount advanced. The case of the plaintiff is as follows:

(2.) The plaint schedule property belongs to defendants 1 and 2. Defendants 1 and 2 agreed to sell the plaint schedule property to the plaintiff for a total consideration of Rs. 10 lakhs. The agreement was executed on 16.9.1988 and an advance amount of Rs. 1 lakh was given to the defendants. As per the agreement, the defendants agreed to execute the sale deed and put the plaintiff in possession of the property within one year.

(3.) The defendants did not execute the sale deed. The defendants violated the terms and conditions of the agreement. Ultimately, the plaintiff sent lawyer notice on 5.1.1991 calling upon the defendant to execute the sale deed. A reply was given by the defendants stating false and baseless matters. The defendants are liable and bound to execute the sale deed in respect of the plaint schedule property. The plaintiff is entitled to get the sale deed executed. If for some reason the execution of the sale deed becomes impossible, the plaintiff is entitled to get a decree in his favour for realisation of Rs. 1 lakh.