N.S. HAMEED NOOHU Vs. A. ABDUL RAHUMAN

JUDGEMENT

(1.) Aggrieved over the concurrent finding of the Courts below, granting a decree for specific performance in part of the contract and also declaring the relief of declaration sought by the plaintiff in O.S. No. 68 of 2004, these two Second Appeals are filed.

(2.) Originally, the suit in O.S. No. 68 of 2004 was filed by the plaintiff, who is the appellant herein, to declare the title and recover the possession and also mandatory injunction. The suit in O.S. No. 52 of 2005 was filed by the plaintiff, who is the respondent herein, for enforcing the agreement dated 26.04.2003.

(3.) For the sake of convenience, the parties are referred to herein, as per their ranking before the Trial Court in O.S. No. 68 of 2004.