IQBAL HUSSAIN, J.

( 1 ) THIS is an appeal against the judgment and decree of the Additional District Judge, Koppal, rai-chur District passed in Appeal No. 4/4 of 1358 Fasli confirming the judgment and decree passed by the Munsiff, Koppal, in O. S. No. 122/1 of 1856f. Even though this is an appeal against the concurrent findings of both the Courts below, points of law have been raised in this appeal which require consideration. According to the Civil Procedure Code of Hyderabad, greater latitude is given to the appellants in second appeal under Section 100 of the Code of Civil Procedure (Section 602 of the hyderabad Civil Procedure Code) than it is under the Civil Procedure Code as applicable throughout India. As this suit was filed long prior to the coming into force of the latter, opportunity is given to the parties to argue both on facts as well as on law.

( 2 ) THE facts of the case arc briefly as follows:

( 3 ) PLAINTIFF Gavisiddanna Gowda who is the respondent in the first appellate Court as well as before [his Court, filed a suit before the Munsiff's Court, Koppal, Raichur District for specific performance of a sale entered into by defendants 1 to 5 (appellants 1 to 5) in f

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