KARVANNAN Vs. GOPAL PADAYACHI

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree made in A.S.No.113 of 1986 on the file of the Subordinate Judge, Vridhachalam dated 23.12.1988 confirming the decree granted in O.S.No.46 of 1982 on the file of the District Munsif, Vridhachalam dated 22.7.1986.

(2.) TWICE defeated defendant is the appellant in this second appeal.

(3.) ON consideration of evidence both oral and documentary, learned District Munsif gave finding to the effect that there has been an oral agreement between the plaintiff and the defendant to sell the property for a sum of Rs.5,250 on 15.6.1979, that accepting the evidence of P.Ws.1 to 3 the court also held that on 28.6.1979 the entire sale consideration was received by the defendant and in acknowledgment of the same, Ex.A1 receipt was issued by the defendant to the plaintiff, that thereafter, the defendant has not executed the sale deed and therefore, decreed the suit directing the defendant to execute the sale deed. Aggrieved at the said decree and findings the defendant preferred an appeal in A.S.No.113 of 1986 and the learned Subordinate Judge, by impugned judgment, dismissed the appeal confirming the decree granted by the trial court. Aggrieved by the said decisions, the defendant has come forward with the above second appeal.