JUDGMENT

Asha, J.

Appellant is the 1st defendant in O.S No.478 of 2007, on the file of the First Additional Sub Court, Thrissur. 1st respondent herin filed the suit against the appellant and his wife who is the 2nd respondent herein, praying for a decree for specific performance of Ext.A1 agreement. On coming to know about the settlement deed executed by the appellant in favour of his wife alienating the plaint schedule property in her name, the plaint was amended as per order in I.A No.626 of 2009, seeking a declaration that the document No. 902/07 of Sub Registry Office, Thrissur is not binding on the plaintiff or the plaint schedule property and cancelling the document.

2. The suit was decreed declaring that document No.902/2007 executed between the appellant and the 2nd respondent herein is a sham document not binding on the 1st respondent and directing the 1st respondent to pay the balance sale consideration of Rs.3,22,500/- to the appellant within 30 days and a further direction to the appellant herein to execute the sale deed in favour of the 1st respondent in respect of plaint schedule property. In the event of the parties refusing to receive the balance sale consideration, t