AFZAR PASHA Vs. SYED ASHRAFF

JUDGEMENT

(1.) This appeal is by the defendant. The respondent was the plaintiff. O.S. No. 41/2006 having been dismissed by the Senior Civil Judge, Doddaballapur on 22.06.2010, R.A. No. 150/2010 was filed by the plaintiff. By a judgment dated 28.09.2012, the said appeal was allowed and the decree passed by the Trial Court was set aside and consequently suit was decreed as prayed for. Assailing the said decree, this second appeal was filed.

(2.) The suit filed was for passing decree of specific performance of an agreement of sale. Suit was contested by filing written statement raising several defences. The Trial Court raised the following issues:

(3.) The plaintiff got examined himself as P.W. 1 and examined 3 witnesses as PWs. 2 to 4 and marked the documents as Exs. P -1 to P -17. The defendant got examined himself as D.W. 1 and examined 2 witnesses as D.Ws. 2 and 3 and marked the documents as Exs. D -1 to D -11. The Trial Court having answered issue Nos. 1 to 3 in the negative and issue No. 4 in the affirmative, passed the decree dismissing the suit.