ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

The appeal is filed by the defendants/appellants challenging the judgment and decree dated 19.04.2017 passed in O.S.No.34/2012 on the file of Senior Civil Judge, Hungund, thereby, the suit filed for specific performance of is decreed in full granting decree of specific performance directing the defendants to execute registered sale deed in favour of plaintiff by receiving the balance sale consideration amount of Rs.30,000/- from the plaintiff.

2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court.

3. It is the case of the plaintiffs that the defendants’ father namely Sangappa, who is the husband of defendant No.1 and father of defendant Nos.2 to 4 and son of defendant No.5, are the absolute owners and in possession over the suit schedule property. The said Sangappa had executed registered agreement of sale dated 28.07.2009 in favour of plaintiffs for total sale consideration of Rs.12,30,000/- and received part of the sale consideration amount of Rs.12,00,000/- and it was agreed to receive the remaining sale consideration amount of Rs.30,000/- at the t