J U D G M E N T

This Regular Second Appeal has been filed under Order XLII Rule 1 read with Section 100 of the Code of Civil Procedure , assailing judgment in A.S.No.305/2011 dated 31.07.2017 on the files of Additional District Court, Kottayam arose out of judgment and decree in O.S.No.466/2007 on the files of the Principal Sub Court, Kottayam dated 25.07.2011.

2. I shall refer the parties in this appeal with reference to their status before the trial court, as `plaintiff’ and `defendant’ for convenience.

3. Heard the learned counsel for the appellant/plaintiff and the learned counsel for the contesting respondents/defendants on admission.

4. Perused the judgments under challenge and the documents placed by the learned counsel for the plaintiff as well as the defendants.

5. The plaintiff filed suit for specific performance of an agreement for sale alleged to be executed between the plaintiff and the original defendant, who is now no more. According to the plaintiff, the defendant agreed to execute sale deed in respect of plaint schedule property for a total consideration of Rs.1,25,000/-. On the date of execution of the agreement, ie. on 25.05.2003, Rs.10,000/- was paid as advance sal