THE HIGH COURT OF KARNATAKA
H.P.SANDESH
MR V CHANDRASHEKAR – Appellant
Versus
MR MUNITHIMMA REDDY @ SUBBARAYAPPA – Respondent
These two second appeals are filed praying this Court to set aside the judgment and decree dated 13.11.2009 passed by the Court of the Principal District Judge, Bengaluru Rural District, Bangaluru in R.A.No.199/2008 and R.A.No.188/2008 setting aside the judgment and decree dated 17.09.2008 passed by the Court of the Civil Judge (Sr.Dn.), and JMFC, Anekal in O.S.No.937/2006 and directing respondent No.1 herein to pay Rs.77,500/- with interest at 15% from 28.08.2000 till payment by allowing these appeals with costs.
2. The factual matrix of the case of the appellant/plaintiff before the Trial Court while seeking the relief for specific performance is that there was an agreement of sale dated 11.07.1999 in respect of the property bearing Sy.No.75/2 measuring 35 guntas in Huskur Village, Sarjapur Hobli, Anekal Taluk and he has been in possession of the same. It is his case that he is also the owner in possession of land in Sy.Nos.31, 32/1 and 83 of Kaggalipura Village. It is contended by the plaintiff that all these lands are adjoining to each other. It is his case that there is a borewell in Sy.No.83 of Huskur village. The plaintiff was cultivating the lands with the assistance of the
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