JUDGMENT :

Vikram Nath, J.

1. The appellant is the own sister of the sole respondent. Their father Puttanna had inherited certain properties from his father which were ancestral properties and are described as item nos. 1 and 2 of Schedule ‘A’ to the plaint, whereas property described at item no. 3 was alleged to be self-acquired property of Puttanna on the basis of occupancy rights. In so far as the property described at Schedule ‘B’, it belonged to the respondent which the appellant claimed to have purchased.

2. The appellant is the plaintiff in OS No. 2506 of 1991 instituted in the Court of the City Civil Judge, Bangalore, wherein the sole defendant is the respondent herein (brother of the appellant). Primarily, two reliefs were claimed in the said suit; firstly a partition and separate possession of ¼(one fourth) share in properties described at item nos. 1 and 2 and ½(one half) share in the property described in item no. 3 of Schedule ‘A’ to the plaint; the second relief prayed was for a decree of specific performance of the agreement and sale dated 25.05.1981 with respect to the property described in Schedule ‘B’ to the plaint.

3. The claim set up by the appellant was that proper