KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SHRI RATHNAKAR HEGDE – Appellant
Versus
SHRI SEENAPPA – Respondent
This appeal is filed by the appellant 3 plaintiff
challenging the judgment and decree passed in O.S. No.
898/2006 dated 30.11.2009 by the Civil Judge (Senior
Division and JMFC), Devanahalli whereby the suit of the
3
plaintiff for the relief of specific performance came to be
dismissed.
The parties will be referred to as per their rankings
before the trial Court for the sake of brevity. The appellant 3
plaintiff and respondent Nos. 1 to 3 were defendant Nos. 1
to 3.
The case of the appellant 3 plaintiff before the trial
Court was that the defendant Nos. 1 to 3 have entered into an
agreement of sale dated 22.12.2003 with him and agreed to
sell
the
suit
schedule
properties
for
valuable
sale
consideration of Rs.24,75,000/- and received a sum of
Rs.7,00,000/- as advance. They have agreed to execute
registered sale deed immediately after getting permission from
the competent authority and after receiving the balance sale
consideration of Rs.17,75,000/-. The suit schedule property
was granted to the defendants through darakastu vide
Tahsildar order bearing No. LND.SR.1/115/78-79 dated
4
04.11.1982 in favour of defendant No. 1. Later, under
Panchayat palu patti the defendants have d
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