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2023 Supreme(Kar) 284

H. B. PRABHAKARA SASTRY
Bhagyamma, W/o. Nanjundanaika – Appellant
Versus
Sheela, W/o. A. S. Aruna Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Dilip Kumar, Advocate
For the Respondent:Sri.B.S. Nagaraj, Advocate

JUDGMENT :

This is a defendants’ appeal. The present respondent as a plaintiff had instituted a suit against the present appellants, arraigning them as defendants in O.S.No.53/2014, in the Court of the learned Senior Civil Judge & JMFC, K.R. Nagar (hereinafter for brevity referred to as “the Trial Court”), seeking for specific performance of the contract, by directing the defendant No.1 to execute a regular Sale Deed in favour of the plaintiff and getting it registered in respect of the suit schedule property and to deliver the possession and other reliefs.

2. The summary of the plaint of the plaintiff in the Trial Court (the present respondent) is that, on the date 07-08-2014, the first defendant (first appellant herein), for her legal necessities, i.e. to clear the old loan and for performance of the marriage of her daughter, entered into an agreement for sale of suit schedule property with the plaintiff, agreeing to sell the said property bearing Survey No.226/1, measuring 01 Acre 14 Guntas, situated at Arjunahally Village, Hosa Agrahara Village, K.R.Nagara Taluk, for a total sale consideration of a sum of Rs.12,42,000/-. Under the said agreement, on the same day, the first defend

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