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2020 Supreme(Kar) 1957

P.N.DESAI
Noorjahan D/o. Ameensab Hadimani – Appellant
Versus
Abdul Ravoof s/o. Mehabubsab Nagarbawadi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri G.G.Chagashetti & Sri. I.R.Biradar, Advs
For the Respondent:Sri Manvendra Reddy, Advocate.

JUDGMENT :

1. This appeal filed by the defendants lays challenge to the judgment and decree passed by the Senior Civil Judge, at Basavan Bagewadi in O.S.No.380/2011 dated 22.01.2016 decreeing the suit of the plaintiff for specific performance of contract of sale.

2. The parties will be referred as the plaintiff and the defendants as per their ranking before the Trial Court for the sake of convenience.

3. Brief contentions of the parties are as follows:-

    The plaintiff instituted a suit seeking relief of specific performance of contract of sale in respect of agricultural land directing the defendants to execute the sale deed after receiving balance consideration of Rs.12,78,000/-. Alternatively, sought for refund of the earnest money along with interest at the rate of 18% p.a.

4. It is the contention of the plaintiff that defendants are full sisters and absolute owners of suit land bearing R.S.No.912, measuring 23 acres, 18 guntas, situated at Ukkali village. It is contended that in the year 2010, the defendants brought the land for sale to meet their legal necessity. After negotiation, the defendants agreed to sell the land for a total consideration of Rs.14,78,000/-. It was further agr

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