JUDGMENT :

The defeated plaintiff in a suit for specific performance is the appellant before this Court. The pointed question that arises for consideration before this Court is whether after a lapse of near 40 years of the execution of the agreement of sale, this Court should grant a decree for specific performance in favour of the appellant/plaintiff. The success of the plaintiff in this appeal would depend only if multiple points are found in his favour.

2. The present appeal, AS No.919/1996, arises from the judgment and decree dated 31.10.1992 in OS No.193/1988 on the files of Additional Subordinate Court, Irinjalakuda. The above OS was disposed of along with OS No.364/1986, which was filed by respondents 3 to 6 herein, who are defendants 3 to 6 in OS No.193/1988. The appellant herein was the 1st defendant in OS No.364/1986. Even though, an appeal was preferred as AS No.905/1995, before this Court, the same was dismissed for default as per judgment dated 21.3.2013. Till today it is not restored to file. The impact of the dismissal of the AS No 905 of 1998 for default will be discussed later in this Judgment.

3. OS No.364/1986 was filed for an injunction against the plaintiff in OS