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KARNATAKA HIGH COURT
H.P.SANDESH, J
KRISHNA NAIK S/O LATE NARAYANA NAIK AGED ABOUT 70 YEARS – Appellant
Versus
RAVIKUMAR K.T., S/O LATE K.G.THIMMAIAH AGED ABOUT 46 YEARS – Respondent
| Table of Content |
|---|
| 1. plaintiff claims for specific performance based on valid sale agreement. (Para 2 , 3) |
| 2. trial court confirms validity of evidence supporting the sale. (Para 4 , 5) |
| 3. appellate court dismisses claims of fraudulent execution. (Para 6 , 7) |
| 4. court rules to dismiss the appeal based on reaffirmed facts. (Para 8) |
ORAL JUDGMENT
1. This matter is listed for admission. Heard the learned counsel appearing for the appellants and also the counsel appearing for the respondent. This second appeal is filed against the concurrent finding.
2. The factual matrix of the case of the plaintiff before the Trial Court that the defendants in order to overcome their legal necessities intended to sell the suit schedule properties and executed registered agreement of sale on 03.04.2019 agreeing to sell the scheduled properties in favour of the plaintiff for a total consideration of Rs.10,00,000/- and received earnest money of Rs.7,00,000/- and remaining balance amount payable is is Rs.3,00,000/-. It is also contented by the plaintiff that plaintiff always ready and willing to perform his part of contract. But, the defendant appeared and filed the written statement contending that the sale agr
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