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1987 Supreme(Ker) 366

S.PADMANABHAN
Krishnan Kesavan – Appellant
Versus
Kochukunju Karunakaran – Respondent


Advocates:
P.K. Balasubramonian, for Appellants; V. Sankara Menon, C.K. Aravindaksha Menon and S. Sreekumar, for Respondent.

JUDGEMENT :-

Defendants are the appellants and the revision petitioners, Munsiff, Pathanamthitta decreed O.S. No. 628 of 1979 for specific performance of an agreement for sale of immovable property entered into by the first defendant in favour of the plaintiff. Second defendant is the person in whose favour the first defendant entered into a subsequent agreement. Appeal was also dismissed and hence the second appeal. There was an order of injunction against the defendants from creating documents and disturbing the possession of the plaintiff. Plaintiff filed I.A.12 of 1980 for taking action against the defendants under O.39 R.2-A of the Code of Civil Procedure for having violated the injunction. I.A. 251 of 1980 was also filed for damages and prosecution. Both the petitions were allowed. Defendants 1 and 2 were ordered to be detained in civil prison for two months each and Rs. 500/- each was awarded as damages. C.M.A. No. 23 of 1982 filed by the defendants was dismissed and hence the Civil Revision Petition.

2. The property agreed to be sold is one obtained on assignment by the first defendant from the State, evidenced by Ext. A2 patta. The alleged agreement is oral and it was on 28
















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