IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 AS.No. 722 of 2000() ------------------------------ OS.125/1996 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S): DEFENDANT ------------------------------------------ ANTONY, S/O. CHAMAKATTU VAZHAPPILLY GEEVARGHESE, PUTHENVELIKARA, DO. VILLAGE, PARAVUR TALUK. BY ADV. SRI.P.R.VENKETESH RESPONDENT(S): PLAINTIFF ------------------------------------------ THOMAS, S/O. CHAKALAIKAL DEVASSY, POYYA KARA, DO. VILLAGE, KODUNGALLOOR TALUK. BY ADV. SRI.P.V.JAYACHANDRAN SRI.ALIAS M.CHERIAN THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.6614/2000 IN AS. NO.722/2000 DISMISSED 21/07/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = A.S. No. 722 OF 2000 = = = = = = = = = = = = = = = Dated this the 21st day of July, 2010. J U D G M E N T This appeal is preferred against the judgment and decree passed by the Subordinate Judge, North Paravur in O.S.125/96. The suit is one for specific performance of the contract. It is the case of the plaintiff that the defendant had agreed to sell him 25 cents of land in Sy.No.302/4F and 1.35 cents of land in Sy.No.302/4E, totaling 26.35 cents fixing the centage value at the rate of Rs.1,950/- and had paid a sum of Rs.5,000/- as advance consideration. The trial court granted a decree in favour of the plaintiff subject to the condition that the entire sale consideration has to be paid. It is against that decision the defendant has come up in appeal. A.S. No. 722 OF 2000 -2- 2. The learned counsel for the appellant/defendant would contend before me that the condition of the defendant is pathetic and the decree for specific performance would render him homeless and therefore the discretionary relief should be exercised in his favour. Thereafter I persuaded learned counsel appearing for both the sides to arrive at a compromise and I suggested that a portion can be assigned in favour of the plaintiff and remaining can be retained by the defendant. Learned counsel appearing for both the sides well co-operated with the matter and they had also consulted their clients about the same. Learned counsel for the plaintiff would contend before me at least half the property should be ordered to be assigned whereas the learned counsel for the appellant would submit before me only 10 cents be ordered to be assigned. I had taken into consideration the submissions of both learned A.S. No. 722 OF 2000 -3- counsels and one must really express thankfulness to them the way in which they had handled the matter and I feel the interest of justice can be met by directing the defendant to assign 12 cents of land in favour of the plaintiff for the consideration fixed as per the agreement. Therefore I pass a revised decree as follows. 3. The plaintiff is given a decree for specific performance and the defendant is directed to assign 12 cents of land comprised in Sy.No.302/4F in favour of the plaintiff for a consideration at the rate of Rs.1,950/- per cent less Rs.5,000/- is already paid as advance. The properties so assigned shall be in such a way that it does not cause hardship to the plaintiff in the enjoyment of the property. It is also further directed that the amount already in deposit shall be taken back by the plaintiff and he need only pay the balance consideration for A.S. No. 722 OF 2000 -4- this 12 cents of land. Further the defendant is directed to execute the sale deed in favour of the plaintiff within a period of one month from today failing which the plaintiff can move the Court below for execution of the document on deposit of the balance consideration mentioned above. Parties are directed to bear their respective costs. Since the suit is of the year 1996 and the agreement to sell is dated 12.8.95 the authorities concerned shall accept the price shown in this judgment as the market value of the property. M.N. KRISHNAN, JUDGE. ul/- A.S. No. 722 OF 2000 -5- M.N. KRISHNAN, J. = = = = = = = = = = A.S. No. 722 OF 2000 = = = = = = = = = = = J U D G M E N T 21st July, 2010.