JUDGMENT

The parties are referred to in their status in the leading case in O.S.No.943/2012 and in RFA.No.703/2016. Two suits, one by the plaintiff/respondent herein and other by the defendant/appellant, were disposed of under a common judgment. The suit by the plaintiff/respondent is for specific performance of Ext.A1, agreement for re- conveyance of the property sold to the defendant under Ext.B1 sale deed dated 11.02.2011 regarding 5 cents of property out of 8 cents owned by the plaintiff. On the very same day Ext.A1, agreement was executed agreeing to re-convey the property within two years on payment of the actual sale consideration, which comes to Rs.2,50,000/-. But, in the sale deed the actual sale consideration was not disclosed. Ext.A1, agreement for re-conveyance sought to be enforced in O.S.No.943/2012, which was decreed by the Sub Court, Palakkad, against which RFA.No.703/2016 was preferred by the defendant therein. The suit in O.S.No.402/2013 instituted by the defendant for injunction was dismissed, against which RFA.123/2018 was preferred.

2. Ext.A1 agreement dated 11.02.2011 is under challenge on the reason that the stamp paper used for endorsing the agreement seen pu