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2024 Supreme(Kar) 428

H. P. SANDESH
Lalithamma, D/o. Honnamma – Appellant
Versus
A. D. Govindaiah, S/o. Doddathimmaiah – Respondent


Advocates Appeared:
For the Petitioner: Sri K. Shrihari.
For the Respondent: Sri Gangadharaiah A.N.

JUDGMENT :

H.P. Sandesh, J.

This matter is listed for admission and I have heard the learned counsel for the appellants and learned counsel for the respondent.

2. This second appeal is filed against the concurrent finding of the Trial Court granting the relief of specific performance and confirming the same by the First Appellate Court.

3. The factual matrix of the case of the plaintiff before the Trial Court is that the defendants are the owners in possession and enjoyment of the suit schedule property. The defendant No.1 executed registered sale agreement dated 29.06.2017 and agreed to sell the schedule property for total consideration of Rs.2,20,000/- and received part sale consideration of Rs.2,10,000/- and agreed to execute the registered sale deed after receiving the balance sale consideration of Rs.10,000/- from him. When the defendant No.1 did not come forward to execute the sale deed, the plaintiff filed the suit for the relief of specific performance.

4. After service of summons, the defendants appeared and filed the written statement contending that the schedule property is ancestral and joint family properties of defendants and originally the said property belongs to father

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