KARNATAKA HIGH COURT
*B. Veerappa, K. Natarajan, JJ.
Suresh S. R. and Another v. Rudrappa Kabbur and Others
1. The plaintiffs have filed the present regular first appeal against the impugned judgment and decree dated 29.01.2013 dismissing the suit of the plaintiffs for specific performance to enforce the agreement dated 06.02.2009 said to have been executed by the defendants.
2. The present appellants who are the plaintiffs before the Trial Court filed O.S.No.24/2020 for specific performance to enforce the agreement dated 06.02.2009 contending that defendant Nos.1 and 2 are the husband and wife, defendant Nos.3 to 7 are the children and are living in a joint family. It is the further case of the plaintiffs that the defendants are the owners of the lands bearing Sy.No.258 measuring 03 acres 04 guntas and Sy.No.259 measuring 02 acres 29 guntas both situated at Avaragere village, Davanagere Taluk, totally measuring 05 acres 33 guntas adjacent to each other. Out of the said lands, the Western portion measuring 03 acres was agreed to be sold by the defendants in favour of the plaintiffs under an agreement dated 06.02.2009 and accordingly executed an agreement for a valuable consideration of Rs.20.00 lakhs per acre and on the date of the agreement the defendants had received a sum of Rs.35.00
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