T.M.SHAFI Vs. G.L.KHADERKUNHI

JUDGEMENT

(1.) A suit for specific performance of contract for sale was decreed in part by the trial court directing return of advance amount in O.S.No.153/1996 (R.S.A.No.1238/2011). The first appellate court set aside the said decree and dismissed the suit on the ground that Ext.A1 agreement was executed against public policy. The other suit, O.S.No.152/1996 ( R.S.A.No.711/2008) was dismissed by the trial court, but on appeal, the suit was decreed allowing specific performance.

(2.) Whether a comparison under Section 73 of the Evidence Act will prevail over an opinion given under Section 45 of the Evidence Act is the question that came up for consideration.

(3.) Some striking similarities were noticed by this court in these two appeals though they arise from two different suits and its decree and judgment. Hence it is felt prudent to have a common judgment in the matter.