Kerala Court May 2000 Judgments

S. Selvarathinam and anr. Vs. Rajasekharan Nair and anr.

Court: Kerala

Reported in: AIR2001Ker1

ORDERM.R. Hariharan Nair, J.1. Revision petitioners are the plaintiffs in a suit for specific performance and recovery of excess money received by the defendants under an agreement to sell. It was alleged that the defendants received a sum of Rs. 37,68,750/- from the first plaintiff as per an agreement that sale deeds would be executed in respect of the property of the defendants as also with regard to the property lying adjacent to the plaint schedule property. It is also alleged that the sale deeds executed by Gopakumar and Jayachandran Nair with regard to their property which were also part of the properties agreed to be soid to the plaintiffs were fake documents fraudulently created with intent to cheat the first plaintiff. The suit was therefore laid for a decree directing two sale deeds to be executed in favour of the first plaintiff with respect to the plaint schedule properties within a reasonable time to be fixed by the Court with regard to the plaint schedule properties and f...