S VIJAYAKRISHNAN Vs. JAYAPRAKASH

JUDGEMENT

(1.) THESE Appeals are preferred against the concurrent findings dismissing the Appellant's suit for Specific Performance and decreeing the suit filed by the 5th Respondent for declaration and for possession.

(2.) APPELLANT is the Plaintiff in O.S.No.126/1997 and Defendant in O.S.No.125/1998. For convenience, parties are referred as per their array in the suits.

(3.) RESPONDENTS resisted the suit contending that Appellant was permitted to look after the properties from 1982, since 1st Respondent and others were living in Madras. As per Ex.B9/Ex.A6, 3rd Respondent Sampath kumar had executed sale deed in favour of the Appellant in T.S.No.41/2 to an extent of 2.26 acres. 3rd Respondent had also executed Ex.A2 sale deed dated 06.05.1997 and sold 96 cents in T.S.No.216/11 to 5th Respondent Rani. According to the RESPONDENTS, Ex.B4 agreement of sale was not executed and the same is fabricated one.