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2024 Supreme(Kar) 108

H. P. SANDESH
M. K. Shivaji Rao S/O Kunta Karebasappa – Appellant
Versus
R. V. Shet S/o Late Vankatesh Shet – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri P.M.Siddamallappa, Advocate
For the Respondent:Sri Shreeram T. Nayak, Advocate

JUDGMENT :

R.S.A.No.170/2007 is filed challenging the judgment and decree dated 27.10.2006 passed in R.A.No.190/2002 and R.S.A.No.171/2007 is filed challenging the judgment and decree dated 27.10.2006 passed in R.A.No.116/2004.

2. These appeals are heard together and reserved for judgment.

3. The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.

4. In R.S.A.No.170/2007, the factual matrix of the case of the plaintiff before the Trial Court that the defendants are husband and wife and they have executed an unregistered agreement of sale dated 18.07.1977 in favour of the plaintiff and thereby agreed to sell the property bearing Sy.No.82/A measuring 2 acres of Chiradoni village, Basapatna hobli, Channagiri taluk for valuable consideration of Rs.17,402/-. On the date of the said agreement, the entire sale consideration was paid and the said land was granted land to the defendants. In the said grant, there was a condition for not to alienate the property for a period of 15 years. Hence, immediately, after the lapse of the period of non-alienation clause which was going to be expired on 16.01.1985, the sale

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