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2007 Supreme(Kar) 88

N.KUMAR
VENKATANARAYANAPPA – Appellant
Versus
SIDDAPPA – Respondent


Advocates:
Sri S. Sudarshana Reddy,Sri G.S. Balagangadhar

JUDGMENT

This is plaintiffs second appeal.

2. Defendant is the owner of the suit property bearing Sy. No. 576 (old Sy. No. 319/2) measuring 1 acre 22 guntas situated at Venkatapura, Kasaba Hobli, Pavagada Taluk, Tumkur District. Plaintiff entered into an agreement of sale to purchase the said land from the defendant for a sale consideration of Rs. 2,500/- on 28-4-1987. It is his case that a sum of Rs. 1,000/- was paid as advance on the date of the agreement which the defendant received to discharge the loan due to one VSSN Venkatapura, a Society, when the said society has brought the property for sale. However, the sale agreement was reduced into writing on 29-4-1987. A sum of Rs. 1,200/- was paid under the aforesaid agreement on 18-8-1987 which is endorsed on the agreement in front of the witnesses. The balance sale consideration of Rs. 300/- was to be paid before the Sub-Registrar at the time of registration of the sale deed. All the documents pertaining to the suit schedule property were delivered by the defendant to the plaintiff. The plaintiff contended that he is in possession of the property raising crops. The plaintiff requested the defendant to execute the sale deed. When



























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