NARAYANAN Vs. UNNIKRISHNAN

JUDGEMENT

(1.) The defeated defendant in a suit for specific performance of an agreement for sale is the appellant and he challenges the judgment and decree of the lower court decreeing the suit.

(2.) The case of the respondent/plaintiff as testified by him as PW1 and as stated in the plaint in brief is this :

(3.) The appellant/defendant in his written statement and as DW1 admitted the execution of Ext.A1 agreement for sale, but contended that he was willing to execute the sale deed, that the suit filed by his brother has been dismissed, that it was the plaintiff who committed breach of agreement and that therefore the suit is liable to be dismissed.