YASUDEYAMURTHY, J.

( 1 ) THE pltf. is the applt. before us. "she filed a suit in O. S. No. 12/46-47 on the file of the Diat. J , Shimoga, against the Shimoga Co-operative Bank Ltd. , as deft. 1 and one A. K. Nannesab as deft, 2 Her case was that the plaint schedule house which 13 situated in Shimoga Town belonged to her, that deft. 2 claiming that they had purchased the same in Ct. auction had sought to take possession from her when as she did not want to involve herself in further litigation, she entered into an agreement with deft, I on or about 7-4 1941 to purchase the property for its. 1,400; of this a sum of Rs. 200 was to be paid as part of the purchase money and the balance in monthly instalments of Rs. 15, the entire amount being payable by the end of December 1947; that accordingly she bad paid a sum of Rs. 200 and had also paid some instalments and that nevertheless deft. I had purported to sell the property to deft. 2 for a sum of Rs. 3,800 on 17-7-1945. She, therefore, sought for specific performance of the agreement, or in the alternative for possession of the house or damages. Deft. 1 admitted the agreement but contended that the pltf. had been extremely irregular in

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