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2024 Supreme(Kar) 143

H. P. SANDESH
S. Bheemappa Since dead – Appellant
Versus
R. Annadanappa, S/o. T. N. Ramaiah – Respondent


Advocates Appeared:
For the Appellant : Sri C.M. Nagabushana, counsel for Sri Srihari A.V.
For the Respondents: Sri Kashinath J.D., Sri A. Feroze Nizam.

JUDGMENT :

Heard the learned counsel for the appellant and learned counsels for respondent No.1 and respondent Nos.2 and 4.

2. The parties are referred to in the original ranking before the Trial Court, in order to avoid confusion and for the convenience of the Court.

3. The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of specific performance is that defendant Nos.1 to 4 representing them as owners of the agricultural land measuring 1 acre 30 guntas and 28 guntas in Sy.No.11 of Uttarahalli, Manavarthe Kaval, Uttarahalli Hobli agreed to sell the suit schedule property for a valuable consideration. That after negotiation, the terms and conditions have been reduced into writing as per the sale agreement dated 27.11.1999. That the defendant Nos.1 to 4 have agreed to sell the suit schedule property for Rs.4,00,000/- per acre and they have received Rs.6,00,000/- by way of cash as on the date of the agreement. That they have handed over the possession of the suit schedule property on the date of execution of the sale agreement. It is contended that the plaintiff after being inducted into possession of the suit schedule property, has improved the

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