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THE HIGH COURT OF KARNATAKA
Sachin Shankar Magadum, J
B.K. Prema, B.K. Jyothi, B.K. Keshav Kiran – Appellant
Versus
N. Shivanand – Respondent
| Table of Content |
|---|
| 1. facts of the case establishing a suit for specific performance (Para 2 , 3 , 4 , 5) |
| 2. arguments presented by both sides regarding the sale agreement and actions of defendant no.2 (Para 6 , 7 , 8) |
| 3. court's examination of evidence regarding the contract and defendant no.2's status as a purchaser (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. court's conclusions on the doctrine of lis pendens and awarding specific performance (Para 26 , 27 , 28) |
| 5. final order and dismissal of appeal (Para 29) |
ORAL JUDGMENT
2. For the sake of brevity, the parties are referred to as per their rank before the trial Court.
The suit schedule property is a residential house bearing Municipal No.142/1, comprising ground and first floors. The plaintiff has instituted the present suit seeking specific performance of an agreement to sell dated 15.06.1994, marked as Ex.P-1. It is the specific case of the plaintiff that defendant No.1 was the absolute owner of the suit property and had agreed to sell the same for a total sale consideration of Rs.4,75,000/-. The plaintiff asserts that a substantial portion of the sale consideration, namely Rs.4,50,000/-,
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