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R.Sreekumar

High Court Of Kerala|21 October, 2014
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JUDGMENT / ORDER

The courts below have concurrently granted a decree only for return of the amount paid as advance in a suit for specific performance. The courts below have noticed the close relationship of the parties and also the fact that the suit agreement was executed soon after the death of the husband of the defendant. Even the plaintiff sought a decree for return of the amount paid as advance initially even though the relief of specific performance was sought by amendment later. I am not prepared to hold that the courts below have exercised its discretion under Section 20 of the Specific Relief Act in a perverse or arbitrary manner warranting interference in this regular second appeal. There is no question of law much less any substantial R.S.A.No. 557 of 2014 2 question of law in this regular second appeal. The Regular Second Appeal is dismissed.
AMV/21/10/ Sd/- (V.CHITAMBARESH, JUDGE) /TRUE COPY/ P.A.TO JUDGE
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Title

R.Sreekumar

Court

High Court Of Kerala

JudgmentDate
21 October, 2014
Judges
  • V Chitambaresh
Advocates
  • Sri