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KARNATAKA HIGH COURT
E.S. INDIRESH, J
H. SANJEEVAIAH – Appellant
Versus
HUCHAMMA – Respondent
| Table of Content |
|---|
| 1. establishment of service inam land and sale agreement. (Para 1 , 3 , 4) |
| 2. defendants' arguments on readiness and contract execution. (Para 5 , 11 , 12) |
| 3. court's findings on trial and appellate judgments. (Para 6 , 8 , 16) |
| 4. judicial principles related to specific performance and limitation. (Para 18 , 20 , 22) |
CAV JUDGMENT
1. This Regular Second Appeal is preferred by the plaintiff assailing the judgment and decree dated 10.03.2017 in R.A.No.100 of 2015 on the file of IX Additional District Sessions Judge, Bengaluru Rural, Bengaluru, partly allowing the appeal and setting aside the judgment and decree dated 29.04.2015 in O.S.No.2087 of 2006 on the file of II Additional Senior Civil Judge, Bengaluru Rural, Bengaluru, decreeing the suit of the plaintiff.
2. For the sake of convenience, parties are referred as per their ranking before the Trial Court.
3. It is the case of the plaintiff that, land bearing Sy.No.67 situated at Kanelli village, Bengaluru North Taluk, to an extent of 09 acres 18 guntas is a service Inam land. The said land was re-granted in favour of one Hanumanthappa, S/o. Anjinappa to an extent of 02 acres, 24 guntas. It is also stated that, a portion of
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