V VAIYAPURI Vs. M PAVAYI

JUDGEMENT

(1.) THIS second appeal is filed by the plaintiff, inveighing the judgment and decree dated 30.7.2007 passed by the Principal Subordinate Court, Salem, in A.S.No.25 of 2007 reversing the judgment and decree dated 22.7.2005 passed by the II Additional District Munsif, Salem, in O.S.No.1240 of 2004, which was filed for specific performance of an agreement to sell.

(2.) THE parties, for the sake of convenience, are referred to here under according to their litigative status and ranking before the trial Court.

(3.) THE following substantial questions of law are found suggested in the memorandum of grounds of second appeal. "(i) Whether in law the lower appellate Court was right in dismissing the suit when the execution of Ex.A1 registered sale agreement was clearly admitted by the respondents both in their written statement and in the oral evidence" (ii) Whether in law the lower appellate Court was right in overlooking that the burden of proving that Ex.A1 was executed for some other purpose, when the respondents had not discharged the burden" (iii) Whether in law the lower appellate Court was not wrong in omitting to see that the respondents had come with a totally false case and that their defence should be rejected""(extracted as such)