This appeal is filed by the defendant challenging the

judgment and decree dated 10.01.2017 passed in RA.No.175 of

2013 on the file of the I Additional Senior Civil Judge and CJM,

Dharwad, dismissing the appeal and confirming the judgment

and decree dated 01.10.2013 passed in OS.No.705 of 2010 on

the file of the II Additional Civil Judge and JMFC, Dharward,

decreeing the suit of the plaintiffs.

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2.

For the sake of convenience, the parties to this

appeal shall be referred to in terms of their status and ranking

before the trial Court.

3.

The plaint averments are that the plaintiff No.1, is

the wife and plaintiff Nos.2 and 3 are the children of late

Ningappa, who died on 09.07.1995. It is the case of the plaintiff

that the plaintiffs are the owners of the suit schedule properties

and the said Ningappa had entered into Agreement of Sale with

the defendant during 1983 in respect of the suit schedule

properties, agreeing to sell the suit schedule property for total

consideration of Rs.30,000/- and received Rs.10,000/- as an

advance from the defendant and thereby the said Ningappa

handed over the possession of the suit schedule property to the

defendant with certain terms and conditions