JUDGMENT :

The petitioner is the plaintiff, and the respondents are the defendants in O.S.No.37/2012 of the Court of the Subordinate Judge, Chengannur. The suit is for specific performance of an agreement to sell the plaint schedule properties. The petitioner’s case is that the respondents, instead of performing their part of the contract, filed O.S.No.308/2011 before the Court of the Munsiff, Chengannur, to restrain the petitioner from entering into the plaint schedule property. The petitioner had filed O.S.No.210/2012 before the same Court against the respondents to restrain them from alienating the property to others. A ‘status quo’ order was passed in that suit. Although the petitioner had expressed his readiness and willingness to perform his part of the contract, the respondents have wilfully refused to perform their part. Hence, the present suit.

2. The respondents have resisted the present suit by filing Ext.P2 written statement.

3. The court below had formulated six issues.

4. The parties went to trial. Witnesses were examined, and documents were marked on both sides. At the time of final hearing, the Court below formulated an additional issue as to whether the suit is barred