IN THE HIGH COURT OF KERALA AT ERNAKULAM
AS.No. 742 of 1995(C)
1. BEEPATHUKUTTY
... Petitioner
Vs
1. AVA UMMA
... Respondent
For Petitioner :SRI.P.R.VENKETESH
For Respondent :SRI.D.KRISHNA PRASAD
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :02/08/2010
O R D E R
M.N. KRISHNAN, J.
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A.S.NO.742 OF 1995
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Dated this the 2nd day of August, 2010.
J U D G M E N T
This is an appeal preferred against the judgment and
decree of the Subordinate Judge’s Court, Palakkad in
O.S.No.436/1990. The suit is one for specific performance of
a contract and the court below granted a decree for
realisation of the amount of Rs.25,000/= from the defendants.
Dissatisfied with the refusal to grant a decree for specific
performance, the plaintiff has come up in appeal.
2. The original plaintiff died and his legal
representatives are the appellants. Similarly the original
first defendant also died and her legal representatives are
the present respondents namely Ava Umma and Saraha
Umma.
3. Parties have filed a compromise petition and as per
the same, out of one acre and 20 cents of double crop land,
appellants are entitled to retain possession of 50 cents of
property situated on the eastern side and the remaining 70
cents property in item 1 and 20 cents of property in item 2
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A.S.NO.742 OF 1995
are to be given back to the respondents in the appeal. It is
also recited therein that when a conveyance deed is executed
to transfer 50 cents of land situated on the eastern side of
item 1 of plaint schedule property, the respondents will
give back possession of 70 cents of item 1 situated on the
western side and 20 cents covered by item 2. If parties do
not heed to compromise, the parties who are aggrieved, is
entitled to move the court for implementation of the
decree. On the basis of the compromise, a revised decree is
passed as follows:
i. The judgment and decree of the trial court only
granting money decree are set aside.
ii. The respondents in the appeal are directed to
execute an assignment deed with respect to 50 cents of
land comprised in item 1 on the eastern side within a period
of two months from today in favour of the appellants.
iii. On the date of execution of the said assignment
deed the appellants are directed to put back the defendants
in possession of 70 cents of land in item 1 of the plaint
schedule (western side) and 20 cents covered by item 2.
: 3 :
A.S.NO.742 OF 1995
iv. In case of non compliance, parties are at liberty to
put the decree into execution through court.
v. Parties are directed to bear their respective costs.
Refund of half court fee is allowed.
M.N. KRISHNAN, JUDGE.
cl
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A.S.NO.742 OF 1995
M.N. KRISHNAN, J.
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A.S.NO.742 OF 1995
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2nd day of August, 2010.
J U D G M E N T