ORDER :

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 12.08.2011 passed in a memo filed by the first respondent and the plaintiff in O.S.No.391/2009 on the file of the Ist Additional District Munsif, Kumbakonam.

This Civil Revision Petition has been filed against the fair and final order passed by the Court below dismissing the application filed by the petitioner/1st defendant seeking to reject the unregistered agreement of sale, which was sought to be marked by the first respondent/plaintiff.

2. The first respondent/plaintiff filed a suit for specific performance and for a relief of permanent injunction based on an unregistered agreement of sale dated 07.05.2006. As per the case of the plaintiff, pursuant to the agreement of sale, the possession of the property was also handed over to the plaintiff. The pleadings were completed, issues were framed and the case was at the stage of trial.

3. The plaintiff was in the box and the unregistered agreement of sale was sought to be marked as a document. This was objected by the petitioner/defendant on the ground that the plaintiff had specifically pleaded part performance under Sec