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2013 Supreme(Kar) 644

N.KUMAR, V.SURI APPA RAO
Padmini Raghavan – Appellant
Versus
H. A. Sonnappa since dead by his LRs – Respondent


Advocates:
Advocate Appeared:
In RFA No. 1242 of 2003 and Misc. Civil No. 13365 of 2010
Sri Udaya Holla, Senior Counsel for Sri Dayanand S. Naik, for Appellant;
Sri S. Vijayashankar, Senior Counsel for Sri T. Seshagiri Rao, for Respondent-1(a) to (h); Sri B.V. Acharya, Senior Counsel, for Sri Chouta, for Respondents-3 and 4.
In RFA No.1312 of 2003
Sri B.V. Acharya, Senior Counsel, for Sri Chouta, for Appellants;
Sri S. Vijayashankar, Senior Counsel for Sri T. Seshagiri Rao and Sri Sunil S. Rao, for Respondent-1(a) to (h); Sri Udaya Holla, Senior Counsel for Sri Dayanand S. Naik, for Respondent-3; Respondent-2 dead.

JUDGMENT

N. Kumar, J : These two appeals are preferred by defendants 2 to 4 against the judgment and decree of specific performance of the agreement of sale granted by the trial Court.

2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

3. The subject matter of the suit is agricultural lands bearing Sy.No.108 measuring 7 acres 20 guntas, Sy.No.109 measuring 5 acres 33 guntas, Sy.No.112 measuring 10 acres and Sy.No.113 measuring 5 acres 24 guntas, all situated in Thylagere Village, Kundana Hobli, Devanahalli Taluk, Bangalore District and bounded within the boundaries mentioned in the schedule (hereinafter referred to as the schedule property).

4. The first defendant Smt. Hanumakka is the absolute owner of the schedule property. The case of the plaintiff is that she entered into an agreement on 05.11.1990 agreeing to sell the aforesaid 28 acres 37 guntas of land in favour of the plaintiff for a sum of Rs. 3,47,100/-. The plaintiff paid a sum of Rs. 1,75,000/- to the defendants. On the same day, the defendants' delivered possession of the schedule property to him. Her son by name Ashwathappa has also attested the agreement of sale d














































































































































































































































































































































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