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1978 Supreme(Ker) 13

GEORGE VADAKKEL
Choyyan Narayani – Appellant
Versus
Ibrahim Kunhi – Respondent


Advocates:
C.P. Damodaran Nayar, for Appellant; V.R. Venkatakrishnan, for Respondents.
Judgement

JUDGMENT :-

The suit for specific performance of an agreement for sale of a small strip of land described in the plaint schedule as having an extent of 2 cents but actually having an area of 2- cents was decreed by the lower courts and the defendant has come up in appeal. The suit property adjoins a plot of land 12 cents in extent purchased by the respondents' mother Kunhalima from the defendant as per Ext. A-1 sale deed dated 26-5-1962. The lower courts accepting the evidence of P. W. 1, the 3rd plaintiff and P. W. 2, an attestor to Ext. A-2 receipt, found that the defendant on 13-4-1969 agreed with Kunhalima to sell this strip of land to the latter for Rs. 350/-, that Kunhalima paid Rs. 300/- to the defendant, and that the defendant passed Ext. A-2 receipt therefore.

2. P. W. 1 swears to these facts and P. W. 2, to the payment of Rs. 300/- and the passing of Ext. A-2 receipt. The lower courts believed them, and nothing has been brought to my notice which would go to show that these witnesses are not worthy of credence. Ext. C-1 Commission report and Ext. C-2 plan show that a substantial portion of plaintiffs' latrine abuts into the suit property. According to Ext. C-1 report "it i












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