JUDGMENT :

The challenge in the appeal on hand is by the plaintiff against a judgment passed by Additional Sub Judge I, Thiruvananthapuram (for short, 'the trial court') in O.S.No.38 of 1995 declining to grant a decree for specific performance in favour of her. According to the appellant, the trial court has committed a grave error while passing such a judgment and therefore is unjustified.

2. The pleadings of the parties in O.S No.38 of 1995 are very relevant to have an idea about the facts of the case and therefore, a narration is made hereunder in brief. For clarity, the parties will be referred to hereinafter as the plaintiff and the defendant in accordance with their status before the trial court.

3. The land belongs to the defendant was acquired by the Government for expansion of the Bus Terminus of the Kerala State Road Transport Corporation at Thampanoor. Consequent to eviction of the defendant, the plaint schedule property together with the right to use the road was assigned to the defendant.

4. K.S.R.T.C fixed a consideration of Rs.75,000/- per cent for the plaint schedule property and vide order passed in Writ Appeal filed as 1107 of 1994 before this Court challenging the sa