- (1.)This Second appeal is focussed by the plaintiff animadverting upon the judgment and decree dated dated 18.9.2006 passed by the I Additional District Judge, Coimbatore in A.S.No.2 of 2005, reversing the judgment and decree dated 27.4.2004 passed by the III Additional Subordinate Judge, Coimbatore, in O.S.No.242 of 1992, which was one for specific performance of an agreement to sell.
(2.)The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.
(3.)Narratively but precisely, broadly but briefly, the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus:
(a) The appellant herein, as plaintiff, filed the suit for specific performance mainly on the ground that there emerged an agreement to sell as per Ex.A1, dated 12.6.1991, between the deceased D1-R.Kothandarama Gokuldass-the owner of the land described in the schedule of the plaint and the plaintiff-G.Govindaraj.

(b)According to the plaintiff, since D1 committed default in honouring the agreement to sell, the suit was filed.

(c)D1-R.Kothandarama Gokuldass during his life time filed the written statement resisting the suit on the main ground that Ex.B2-the Vardhamana letter dated 12.6.1991 was executed by the plaintiff only by way of securing prompt repayment of the loan amount.

(d)Whereupon issues were framed by the trial Court.

(e)Up went the trial, during which, the plaintiff examined himself as P.W.1 and Exs.A1 to A22 were marked on his side. On the defendants' side, the first defendant examined himself as D.W.1 along with D.W.2 and D.W.3 and Exs.B1 and B2 were marked.

(f)Ultimately the trial Court decreed the suit, as against which the defendants preferred the appeal. Whereupon the appellate Court set aside the judgement and decree of the trial Court by reversing the findings and dismissed the original suit.