LOURDUSAMY Vs. WILLIAMS

JUDGEMENT

(1.) O. S. NO. 182 of 1989 was filed by the first respondent against the appellant for declaration and possession. O. S. No. 93 of 1990 was filed by the appellant against the respondent for specific performance. The appellant's suit was dismissed. The respondent's suit was decreed. Both the appeals were dismissed and hence, the two second appeals have been filed.

(2.) ACCORDING to the appellant, there was an oral agreement in 1977 with the second respondent. The sale consideration was Rs. 2000/- out of which Rs. 1500/- was paid and compensation was also given. According to the first respondent, however, the oral agreement was untrue, the compensation was not given to the appellant herein. On the other hand, there is a written sale deed executed by the second respondent in favour of the appellant dated 25-11-1987 and he was put in possession. Both the Courts were inclined to believe the respondents' case and therefore, the present second appeals have been filed.

(3.) THE only substantial question raised by the appellant is res judicata.