(Letters Patent Appeal against the judgment and decree dated 13.11.1995 in A.S.No.214 of 1984 on the file of this Court.)

F.M. Ibrahim Kalifulla, J.

The defendants are the appellants. Since the second appellant died during the pendency of this Appeal, the first appellant being the sole legal representative of the deceased first appellant, the Appeal is being pursued by the first appellant alone.

2. The respondent/plaintiff laid the suit for specific performance based on an agreement dated 23.8.1980 executed by the appellants/defendants for sale of the plaint schedule properties in favour of the respondent. Ex.A-1 is the agreement dated 23.8.1980.

3. The trial Court dismissed the suit holding that Ex.A-1 agreement was not intended to be acted upon. The respondent/plaintiff preferred First Appeal in A.S.No.214 of 1984 on the file of this Court. By judgment and decree dated 13.11.1995, a learned single Judge of this Court held that by virtue of Section 92 of the Indian Evidence Act, the appellants are precluded from raising a plea contrary to the terms of the agreement and therefore, the judgment and decree of the trial Court cannot be sustained and consequently decreed the s