GOURI Vs. XAVIERE ALIAS BENNY

JUDGEMENT

(1.) These Second Appeals arise from the separate judgments and decrees passed by the learned Principal Sub Judge, Kochi in AS Nos. 79 of 2005 and 64 of 2007 and of learned Additional Munsiff, Kochi in OS Nos. 473 of 2004 and 28 of 2006. RSA No. 835 of 2007 is filed by the plaintiffs 1 to 5 in OS No. 473 of 2004. That is a suit for recovery of possession of the suit property on the strength of the title plaintiffs claim over the suit property as per Ext. A1, assignment deed dated 10/10/2001. Learned Munsiff dismissed the suit which the First Appellate Court has confirmed. Hence RSA No. 835 of 2007.

(2.) The defendant in OS No. 473 of 2004 along with his mother filed OS No. 28 of 2006 for a decree for specific performance of Ext. B2, agreement for sale dated 27/11/1995 said to be executed by the late Velappan, the predecossor - in - interest of the plaintiffs in OS No. 473 of 2004. The Trial Court dismissed the suit against which plaintiffs in OS No. 28 of 2006 preferred AS No 64 of 2007. The First Appellate Court allowed that appeal and granted a decree for specific performance of Ext. B2, agreement for sale. The defendants in OS No. 28 of 2006 have filed RSA No. 123 of 2009.

(3.) In RSA No. 825 of 2007, the following substantial question of law is framed: