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KARNATAKA HIGH COURT
V SRISHANANDA, J
SRI H. SRINIVAS PAI S/O LATE HARADI SRIDHAR PAI, SRI H. SATHISH PAI S/O LATE HARADI SRIDHAR PAI – Appellant
Versus
SMT. LATHA HARSHA, SMT. RATHNA HEGGADE – Respondent
| Table of Content |
|---|
| 1. nature and requirements of specific performance in property agreements. (Para 1 , 2 , 3) |
| 2. context of dismissal based on lack of evidence and legal sufficiency. (Para 4 , 5) |
| 3. judicial reasoning regarding unregistered oral agreements in specific performance. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. final decision affirming lower court dismissals. (Para 13) |
ORAL JUDGMENT
1. Heard Sri Prasanna V.R, learned counsel for the appellants.
2. Unsuccessful plaintiffs are the appellants challenging the decree of dismissal of the suit for specific performance in respect of the following property (hereinafter referred to as suit schedule property) in O.S.No.98/2006 confirming in R.A.No.30/2019.
Schedule 'A': Description of the plaint immovable property
Non-agricultural house site property situated in No.76 Badagabettu Village of Udupi Taluk and in Bailoor Ward (Formerly Volakad Ward) of Udupi City Municipality bearing S.No.93/11B (93/11B1p-1 as per the computerized RTC) - Punja (middle-western portion) measuring about 52 cents and coming within the following Boundaries.
Boundaries:
East : Voni or lane
South : Plot of Sri Y.C.S. Hegde, Advocate, Udupi
West : Road,
North : Land of Alevoor
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