JUDGMENT

This Regular First Appeal has been filed under Section 96 read with Order XLI Rules 1 and 2 of the Code of Civil Procedure (for short 'C.P.C.', hereinafter), and the appellant is the plaintiff in O.S.No.493/2009 on the files of the I Additional Sub Court, Ernakulam. The appellant assails the decree and judgment in the above case dated 09.09.2000, whereby the learned Sub Judge dismissed the suit filed by the plaintiff/appellant for specific performance of contract of sale finding that Ext.A1 agreement was not proved. The sole defendant is the respondent herein.

2. Heard the learned counsel for the appellant/plaintiff as well as the respondent/defendant in detail. Perused the pleadings and evidence being form part of the trial court records.

3. The parties in this appeal will be referred to as 'plaintiff' and 'defendant' referring their status before the trial court.

4. The case advanced by the plaintiff before the trial court was that the defendant agreed to sell 6/20 undivided share in the plaint schedule property having an extent of 32.5 cents, to the plaintiff for a total sum of Rs.4,50,000/- and accordingly, an agreement in writing dated 03