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2004 Supreme(Kar) 16

K.SREEDHAR RAO
V. S. Munirathanam – Appellant
Versus
P. Sundaram – Respondent


Advocates:
V. K. Bhat, for Kumar and Kumar, for Appellants; B. C. Rajeeva and G. S. Visweswara, Sr. Counsel, for Respondents.

Judgement

JUDGMENT :- The appeal filed against the judgment and decree passed in R.A. No. 15/88 on the file of Civil Judge, K.G.F. arising out of the judgment and decree passed in O.S. No. 391/76 on the file of Munsiff, K.G.F.

2. The appellants are the legal representatives of the plaintiff who had filed a suit for specific performance of the agreement of sale against the respondents herein. The first respondent is the first defendant in the suit. The second respondent is the second defendant in the suit. The suit properly is a house property. Under Ex. D-2 the plaintiff sold the suit property for a sum of Rs. 3,000/- in favour of the first defendant on 7-6-1971. On 16-7-1971 under Ex. P-1 the first defendant agreed to reconvey the property on repayment of Rs. 4950/- within a period of 5 years and advanced Rs. 50/- was paid to the first defendant. The possession was allowed to be with the plaintiff. Again on 25-9-1971 the first defendant advanced a sum of Rs. 3,000/- to the plaintiff, an endorsement was made on Ex. P-1 stating that the total amount payable is in a sum of Rs. 7950/-. The plaintiff paid a sum of Rs. 5,000/- on 22-4-1974. An endorsement is made by the first defendant on

























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