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2024 Supreme(Online)(KAR) 20581

HIGH COURT OF KARNATAKA
MR. JUSTICE C M JOSHI, J
SMT CHIKKAMMA W/O KEMPAIAH – Appellant
Versus
SMT D R KAMALAMMA W/O M. BASAVEGOWDA – Respondent


SRI RAJAGOPALA NAIDU AND K.R. PRADEEP, ADVOCATES; SRI R. B. DESHPANDE AND N.S. BHAT, ADVOCATES FOR C/R-2 AND FOR R1(A TO D)

JUDGEMENT

Being aggrieved by the judgment and decree passed in O.S.No.1628/1994 dated 07.09.2007 by the learned XXV Additional City Civil and Sessions Judge, Bengaluru, the defendants are in appeal before this Court.

2. The parties would be referred to as per their ranks before the Trial Court for the sake of convenience.

3. The factual matrix of the case are that the appellant – defendant No.1 is the owner of Site No.42 situated at Kempegowda Nagar, II Cross, Ramkrishna Math Layout, Bengaluru, and the said site was allotted to defendant No.1 by BDA and she was put in possession of the same. The BDA had executed Lease-Cum-Sale Deed, in the year 1982. Defendant No.1 was in need of money for her family necessity and to perform the marriage of the daughter and therefore, she offered to sell the same to the plaintiffs for a consideration of Rs.1,00,000/-. The plaintiffs accepted the proposal and on 29.05.1991, an Agreement of Sale was entered into between the plaintiffs and the defendants. The entire sale consideration of Rs.1,00,000/- was paid to defendant No.1 and the sale deed was to be executed by the defendants by handing over all the documents. In spite of repeated requests and dema

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