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2000 Supreme(SC) 812

SHIVARAJ V.PATIL, S.S.M.QUADRI
Boramma – Appellant
Versus
Krishna Gowda – Respondent


ORDER

This appeal from the judgment of the High Court of Karnataka decreeing the suit filed by the Respondents for specific performance of contract for sale of the suit land executed by the Appellant-Defendant in favour of the Respondents-Plaintiffs on December 10, 1970 (Exhibit P-1)

2. It appears that the agricultural land measuring 2 acres 20 guntas of Survey No. 56/7 situated at Kuruvanka village, Channarayapatna Taluk, Hasan District (referred to in this judgment as the suit property belonged to Respondents No. 1 and 2, who were minor and under the guardianship of Respondent No. 3. On 30th November, 1970, Respondent No. 3, as guardian of Respondents 1 and 2, sold that suit property in favour of the Appellantand, in turn, the Appellant executed an agreement for sale (reconveyance deed) in favour of Respondents 1 and 2 alleging that they have been ready and willing to perform their part of the contract but the Appellant was not willing to re-convey the property in their favour, the Respondents filed the suit, O.S. No. 32 of 1973, in the court of Munsiff, Channarayapatna in 1973. The Appellant contested the suit inter alia, on the grounds : (1) that the agreement (Exh. P-1) was no















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