LAWS(KER)-2002-8-5

SAHEEDA Vs. HAMELATHA

Decided On August 29, 2002
SAHEEDA Appellant
V/S
HAMELATHA Respondents

JUDGEMENT

(1.) This is a petition seeking amendment of the decree.

(2.) The suit is filed by the plaintiff for specific performance of an agreement for sale dated 21.9.1977 and also for damages. The plaint schedule consists of two items of properties. Item No. 1 is a theatre by name Sangam Theatre with land, building, furniture and equipments etc. and item No. 2 is Pushpa Theatre with land, building, furniture and equipments etc. When there was an agreement for sale and there was a failure to perform the terms thereon. The plaintiff instituted the suit for specific performance. The suit was decreed in part directing the plaintiff to hand over possession of the properties on receiving an amount of Rs. 2,07,434.67. But in the judgment it is specifically stated in Para.41 as follows:

(3.) But when the decree was drawn up, the decree reads as follows: