PARAPALLIYIL DASAN Vs. SASI K K

JUDGEMENT

(1.) The Defendant in O.S. No. 45 of 2008 on the file of the Court of the Subordinate Judge of Koyilandy challenges in this Writ Petition the order dated 12th December, 2008 in I.A. No. 1548 of 2008, by which the trial court allowed the application for amendment of the plaint filed by the Respondent.

(2.) The Respondent filed the suit for specific performance of an agreement to sell the plaint schedule property. It is alleged in the plaint that the Plaintiff and the Defendant entered into an agreement for sale on 25-4-2006 by which the Defendant agreed to sell the plaint schedule property to the Plaintiff on or before 30-6-2006. Advance of Rupees One lakh was paid. It is stated in the plaint that another sum of Rs. 13,000 was paid to the Defendant on 20-8-2006 and a further sum of Rs. 10,000 was paid in February, 2007.

(3.) In paragraphs 7 and 8 of the plaint, the Plaintiff made the following averments: