J U D G M E N T

A. Muhamed Mustaque, J This matter has come up for admission after lapse of more than 10 years. The appeal was filed on 25.05.2012 as against the judgment of dismissal of suit for specific performance on 3.02.2012. The plaintiff is the appellant and he set up a case that he entered into an agreement dated 23.07.2006 with the father of the defendants late M.N. Thankappan Pillai for the purchase of the plain schedule property. According to the plaintiff, the total consideration fixed was Rs.90 Laksh and he has paid Rs.25,000/- as advance. The period of performance was fixed as six months.

2. The defendants, on the other hand, contended that late M.N. Thankappan Pillai did not execute any sale agreement and he has no sound mind to execute any agreement as alleged. The alleged agreement of sale was marked as Ext.A1. The plaintiff was examined as PW1. Other witnesses were also examined. The Court below on detail consideration found that the plaintiff failed to prove the due execution of the agreement by late M.N. Thankappan Pillai. The Court doubted the credibility of the plaintiff to purchase a property of worth of more than Rs.1 Crore. The plaintiff was working in cour