P RETNASWAMY Vs. A RAJA

JUDGEMENT

(1.) O.S.A.NO.90 of 2002 is preferred by the appellant/ plaintiff as against the Judgment and Decree passed by the learned Single Judge in dismissing the suit for specific performance in C.S.No.80 of 1997 dated 04.09.2001.

(2.) THE appellant/plaintiff has filed the suit C.S.No.80 of 1997 praying for the relief of directing the respondents/ defendants to execute the sale deed in respect of the suit property in favour of appellant/plaintiff in terms of sale agreement dated 10.07.1996.

(3.) THE further plea of the appellant/plaintiff is that the learned Single Judge ought to have held that Ex.D.4-sale deed dated 30.01.1997 is not a genuine sale deed and that the recitals of the said sale deed will only prove the case of the appellant/plaintiff that the sale deed is a sham and nominal one.