Mr. P.R. Shivakumar, J.

The defendants in the original suit are the respondents. The suit came to be filed for the relief of specific performance directing the defendants to execute a sale deed in terms of the suit agreement for sale dated 12.10.1992 allegedly executed by the first defendant agreeing to sell the suit property in favour of K.P.M. Fakkir Ahamed, the father of the plaintiffs. The defendants resisted the suit contending that no such sale agreement was executed by the first defendant; that the said document could have been created with the intention of grabbing the suit property and that the relief of specific performance could not be granted when the plaintiffs approached the court after a lapse of 13 years without taking any steps to proceed with the transaction on the basis of the suit sale agreement. The plaintiffs had also taken a plea that the first defendant, at the time of execution of the sale agreement, also handed over possession of the suit property in part performance of the contract. The said contention was also denied by the defendants.

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