THANKAYYAN Vs. EDWIN SHAJI

JUDGEMENT

(1.) THE appellant calls in question the legality and correctness of the judgment and decree of the Subordinate Judge, Kuzhithurai dated 7.12.2006 in A.S. No.125 of 2005 reversing the judgment and decree dated 11.11.2005 in O.S. No.114 of 2002 on the file of Second Additional District Munsif, Kuzhithurai.

(2.) THE respondent herein as plaintiff originally filed a Suit in O.S. No.114 of 2002 against the appellant for a decree of permanent injunction restraining the appellant from doing anything calculated to commit any sort of transfer, alienation and change in respect of the Plaint schedule property. THE Suit was subsequently amended and a prayer for specific performance was incorporated, whereby the respondent sought specific performance of the agreement dated 5.1.2000 stated to have been executed by the appellant in favour of the respondent.

(3.) THE Trial Court framed three issues on the basis of the pleadings. On the side of the respondent, P.Ws.1 and 2 were examined and Ex.A.1 dated 5.1.2000 was marked. On the side of the appellant, he was examined as D.W.1 and no documents were exhibited.