Judgment

THOMMEN, J.:- This appeal by certificate granted by the High Court of Kerala arises from the judgment and decree dated 26-7-1972 in A. S. No. 65 of 1967 whereby the High Court reversed the judgment and decree of the trial Court in O.S. No. 65 of 1965 which was a suit filed by the present appellant. Decreeing the suit the learned trial Judge held that the appellant/ plaintiff was entitled to recover possession of the plaint scheduled properties on payment by him of a sum of Rs. 35,000/- and the value of improvements due to defendants 3 to 14. That decree was challenged in appeal by defendants 3 to 14, being the legal representatives of the deceased first defendant. The High Court, reversing the decree, held that in view of the pleadings of the parties and particularly the specific allegations contained in the plaint, the plaintiff was not entitled to succeed in the suit. The High Court found that the plaintiffs suit did not conform to the requirements of Forms 47 and 48 of the First Schedule to the Civil Procedure Code and he was, therefore, not entitled to a decree for specific performance of the covenant contained in Ex. A-1 for reconveyance of the suit properties.

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