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2007 Supreme(Kar) 518

A.C.KABIN
ANITHA VAZ – Appellant
Versus
M. RANGAPPA – Respondent


KABBIN, J.

( 1 ) BY judgment dated 27. 11. 1999 passed by the learned XI addl. City Civil Judge, Bangalore in O. S. No. 92/1994, the appellant's (the plaintiff's) suit for specific performance of the contract has been partly decreed directing the respondent No. 1 (the defendant No. 1)to execute the deed for the sale of joint share of the defendant No. 1 in the suit property. Praying for a decree for grant of relief for the sale of the whole of the property as per agreement, the plaintiff has preferred this appeal.

( 2 ) THE suit property (i. e. schedule 'a') is H. No. 39/9, Marappa line, Bazar Street, Neelasandra, Bangalore consisting of land and building thereon totally measuring east to west 40 feet, north to south 153/4 feet. Admittedly, the plaintiff was residing in the said premises as the tenant paying rent to the defendant No. 1's elder brother M. Rangaiah; and later to the defendant No. 1, after Rangaiah's death. It is the claim of the plaintiff that the defendant No. 1 offered to sell the said property, i. e. , the property described in Schedule "a" to her for a sum of Rs. 1,00,000/- (Rupees one lakh) to discharge certain debts and after receiving an advance of Rs. 70,00




















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