JUDGMENT

(Dated this the 13th day of October 2023)

The appellant was the 2nd defendant in O.S. No.1901 of

2005 on the files of the Munsiff’s court, Irinjalakuda.

2. The plaintiff filed the suit for specific performance of an oral agreement for the sale of immovable property. The trial court decreed the suit granting the plaintiff a decree for specific performance directing defendants Nos.1 and 2 to assign the plaint B schedule property to the plaintiff within a period of six weeks, failing which the plaintiff will be at liberty to obtain a sale deed of the plaint schedule property through the process of the court. Aggrieved by the decree and judgment, the defendants filed A.S. No.104 of 2010 before the Additional Sub Judge, Irinjalakuda.

3. The 1st appellate court, after considering the entire evidence on record, dismissed the suit and confirmed the judgment and decree of the trial court. It is aggrieved by the judgment and decree in A.S. No.104 of 2010, the 2nd appellant has filed this Regular Second Appeal.

4. The second appeal was admitted on 9.9.2015 on questions of law A to D.

5. Brief facts necessary for the disposal of this second appeal are extracted below:

The plaint A schedule p