AI Structured Summary
Not yet generated for this judgment
Judgment
Sathish Ninan, J.
Petitioner is the plaintiff in a suit for specific performance of an agreement for sale. The petitioner has approached this Court challenging Ext.P7 order whereunder, his application for appointment of a survey Commission was dismissed by the Court.
Heard Sri.Shinod G.P., learned counsel for the petitioner and Smt.A.Jani, learned counsel appearing for the respondents.
Ext.P2 agreement for sale specifically provides that, the consideration payable shall be based on the actual extend found on measurement. If ultimately the Court finds that a decree for specific performance is to be passed, the plaintiff needs to be directed to deposit the sale consideration. To specify the sale consideration, as noticed above, the extent available needs to be ascertained by measurement. In the light thereof, the application ought to have been allowed.
Resultantly, Ext.P7 order is set aside and I.A.No.1095 of 2019 will stand allowed. The Court shall direct the Commissioner to file report within a period of one month, and shall make every endeavour to have the suit tried and disposed of within a period of two months thereafter.