AFROZ BEGUMAND Vs. KALLEMULLA

JUDGEMENT

(1.) The appellants are the defendants Nos.1 to 3 before the Trial Court in O.S.No.171/2007, which was a suit filed for specific performance of the agreement of sale deed dtd. 27/3/2003. The Trial Court having decreed the said suit, defendant Nos.1 to 3 had filed an appeal in R.A.No.336/2012 wherein the judgment of the Trial Court came to be confirmed. It is challenging the concurrent findings of the Trial Court and the First Appellate Court that defendants Nos.1 to 3 are before this Court.

(2.) The above appeal was admitted on 14/1/2016 for answering the following substantial questions of law:

(3.) Sri. Ramesh Chandra, learned counsel for the appellants, would submit that both the Trial Court and the First Appellate Court have completely misapplied themselves inasmuch as the Trial Court has gone on to hold that the agreement of sale is admitted and the terms of sale as contended in the plaint are admitted even though the agreement of sale was itself not marked in evidence. Without an agreement of sale being marked in evidence, the question of a suit for specific performance being decreed would not arise.