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SUPREME COURT
S. A. Bobde, A. S. Bopanna, JJ
Nanjappa K. (Dead) by LRs. v. R. A. Hameed alias Ameersab (Dead) by Lrs. and Another
| Table of Content |
|---|
| 1. description of the parties and property involved. (Para 1 , 2 , 3) |
| 2. allegations of fraud and illegal actions by the defendants. (Para 4 , 5) |
| 3. previous agreements and issues executed under threat. (Para 6 , 10 , 11) |
| 4. discretion in granting specific performance. (Para 15 , 16 , 18) |
| 5. requirements to prove the contract for specific performance. (Para 19 , 20 , 21 , 24) |
| 6. critical assessment of evidence and court findings. (Para 27 , 28 , 30) |
| 7. final ruling in favor of the trial court. (Para 31) |
1. Aggrieved by the judgment and orders dated 25.6.2003 passed by the High Court of Karnataka in Regular First Appeal No. 201 of 1992, the appellants have preferred this appeal by special leave. By impugned judgment, High Court partly allowed the appeal, set aside the judgment of the trial court and decreed the suit of the plaintiff - respondents herein for specific performance as well as for recovery of possession of suit items I, II and III.
3. The plaintiff - respondent claimed to be the son of Late P. Abdul Rahiman Sab alias Jambusab. The late Jambusab had three wives. The first wife's son was Abdul Sakoorsab, who died in the year 1967. The first plaintiff and his younge
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