HENRY THEOPHILUS Vs. DANIEL JOSEPH THEOPHILUS

JUDGEMENT

(1.) The appellant is the plaintiff in O.S.No.171/1991 on the file of the Subordinate Judge's Court, Kollam, a suit for specific performance of a contract for sale of the plaint schedule property on the basis of an oral agreement, by directing the defendants to execute a sale deed in respect of the said property in favour of the plaintiff for a consideration of Rs. 1,00,000/- or such other amount as may be fixed by the mediators/court and permit the plaintiff to deposit the said amount in court. In the plaint, the plaintiff has also sought for various other reliefs.

(2.) The reliefs sought for in the suit were opposed by the 1 st defendant by filing a written statement, which was followed by a separate written statement by the 2 nd and 3rd defendants.

(3.) On the side of the plaintiff PWs.1 to 3 were examined and Exts.A1 to A22 were marked. On the side of the defendants DWs.1 and 2 were examined and Exts.B1 to B24 were marked.