Case Note & Summary
The appeal arises from a suit for specific performance of an agreement to sell agricultural lands. The first defendant, the owner, agreed to sell the suit property to the plaintiff on 05.11.1990 for a total consideration of Rs.3,47,100. The plaintiff claimed to have paid Rs.1,75,000 as advance and was put in possession. The sale was to be completed within thirteen months from the date of the agreement after survey and durast work. The plaintiff alleged he was always ready and willing to perform his part, but the first defendant evaded execution of the sale deed. The first defendant contended that only Rs.75,000 was paid and the agreement was tampered to show a higher amount and to extend the performance period from three to thirteen months. She asserted that the agreement was cancelled and the advance returned after the plaintiff expressed inability to complete the sale. Prior to the suit, the first defendant sold parts of the suit property to the second, third, and fourth defendants under registered sale deeds. The plaintiff impleaded these subsequent purchasers and sought a direction that all defendants execute the sale deed jointly in his favour. The trial court decreed the suit for specific performance. The second defendant and the third and fourth defendants filed separate regular first appeals challenging the decree.
Issue of Consideration
KAHC010631582010_1
