JUDGMENT

Arijit Pasayat, J. — Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High Court allowing the Second Appeal filed by the respondent.

2. By the impugned judgment, the High Court held that the respondent was competent to file the suit and that the Courts below were not justified in holding that Exhibit P-I was not proved though execution of the same was admitted by the defendant.

3. The factual position in a nutshell is as follows:

The plaintiff is the respondent herein. The suit is for specific performance of contract of sale of a house property situated in Gabbut Oni, Hubli, bearing CTS No.3119/B in Ward No. III.

4. According to plaintiff, the above property was agreed to be sold to the brother of the plaintiff under an agreement of sale dated 26.11.1974. The brother of the plaintiff Keshavarao Mahadevappa died on 10.1.1976 leaving behind him three sisters including the plaintiff-respondent and his second wife Shantabai @ Ansuyabai as his legal heirs. The plaintiff-sister of Keshavarao filed a suit for specific performance. Though the defendant admitted the execution of the document but contended that it is a nominal sale agreement. The