U.M.NAJEEB Vs. BHARGAVI

JUDGEMENT

(1.) THE Second Appeal arises from the judgment and decree of the Sixth Additional District Court, Ernakulam in A.S. No.253 of 2002 modifying the judgment and decree of the Second Additional Munsiff's Court, Ernakulam in O.S. No.789 of 1998.

(2.) THE appellant-plaintiff sued the defendants for a decree for specific performance. Respondents 2, 3 and 4 are defendants 1, 2 and 4 while additional respondents 5 to 8 are the legal heirs of the deceased 1st respondent-3rd defendant. The 1st respondent-3rd defendant has filed a Cross Objection against certain findings entered by the learned Additional District Judge in the judgment in A.S. No.253 of 2002. The parties are referred as plaintiff and defendants as in the trial court for convenience.

(3.) DEFENDANTS 1 and 2 while admitting execution of Ext.A1, agreement denied that there was extension of the period till 28.08.1995. They claimed that the plaintiff was not ready and willing to perform his part of the contract and hence they executed assignment deed Nos.3210 and 3294 of 1995 in favour of defendants 3 and 4. Defendants 3 and 4 also resisted the suit on various grounds including that they are bona fide purchasers for valid consideration without notice of the agreement for sale.