K.L.MANJUNATH
DANAPPAGOUDA FAKKIRAGOUDA PATIL – Appellant
Versus
KAMALAWWA – Respondent
The petitioner is the plaintiff in O.S. No. 70 of 2001 before the Civil Judge (Junior Division) and Judicial Magistrate First Class, Byadgi. He filed the suit to enforce the agreement dated 11-5-1991 and the supplemental agreement dated 18-7-1996. Under the agreement dated 11-5-1991, the defendant agreed to sell the suit schedule property for a sum of Rs. 36,000/-. The entire sale consideration of Rs. 36,000/- was paid by the plaintiff under the agreement and the plaintiff was in possession of the property prior to the agreement dated 11-5-1991. Though the entire sale consideration was paid, sale deed could not be executed since the lands were not re-granted to the defendant. In the year 1996, the second agreement was executed by the defendant acknowledging the earlier agreement and sale consideration was enhanced from Rs. 36,000/- to Rs. 41,000/- and out of the enhanced consideration of Rs. 5,000/-, Rs. 2,000/- was paid under the second agreement, remaining Rs. 3,000/- was agreed to be paid at the time of registration of the sale deed after the defendant obtaining permission from the Tahsildar to alienate the suit property. When the plaintiff was about to mark these documents
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