N.KUMAR, B.SREENIVASE GOWDA
Chandrakanthamma – Appellant
Versus
B. Ramakrishnaiah – Respondent
N. Kumar, J.
1. This is a defendants appeal challenging the judgment and decree of the trial Court which has decreed the suit for specific performance as prayed for.
2. For the sake of convenience, parties are referred to as they are referred to in the original suit.
3. The subject matter of the suit is, land bearing Sy. No. 19, measuring 3 acres 14 guntas situated at Byadarahalli (Sharaparapalya), Kasaba Hobli, Nelamangala taluk, Bangalore Rural District, which is more particularly described in the schedule to the plaint and hereinafter referred to as the 'schedule property'.
4. The schedule property was allotted to late Sri N.K. Lakshminarayana Setty, the husband of the first defendant and father of defendants 2 and 3 in a family partition. After the death of the said Sri N.K. Lakshminarayana Setty, the defendants being the legal heirs succeeded to the schedule property. The defendants in order to meet family legal necessities, more particularly to discharge the debts incurred for daughter's marriage expenses and to have their own dwelling house and to purchase landed property were badly in need of funds. They offered to sell the schedule property to the plaintiff, as plain
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