JUDGMENT

1. This is plaintiffs' appeal. The original plaintiff Sri Ningappa had filed a suit against the present respondent Nos.1 and 2 (arraigning them as defendant Nos. 1 and 2) in O.S. No. 15/2002 on the file of I Addl. Civil Judge (Sr.Dn), Chitradurga, (hereinafter for brevity referred to as 'trial Court') for the relief of declaration and specific performance of contract.

2. The summary of the case of the plaintiff in the trial Court is that the defendant No.1 is the owner of the suit schedule site which is a site bearing No.2 and measuring 48 feet X 44 feet situated at I Block, Ujjinimutt Road, Chitradurga. The plaintiff and defendant No.1 are own brothers. Since 1976, the defendant No.1 had permitted the plaintiff to use the schedule property for the purpose of rearing cattle and she-buffaloes since the plaintiff was doing a milk vending business, as such, the plaintiff had put up a temporary shed in the property and using it for rearing the cattle and she-buffaloes. The defendant No.1 agreed to sell the suit schedule property in favour of the plaintiff for a consideration of a sum of Rs.1,50,000.00 and received a sum of Rs.50,000.00 as advance and partial sale consideration