reserved, coming on for pronouncement of Orders, this day,

the Court delivered the following:

J U D G M E N T

This Regular Second Appeal is filed by the plaintiff,

challenging the Judgment and Decree dated 29^th November,

2007 passed in Regular Appeal No.111 of 2003 on the file of

the II Additional Civil Judge (Sr. Dn.), Dharwad, confirming the

Judgment and Decree dated 13^th March, 2003 in Original Suit

- 3 -

No.51 of 1997 on the file of the Principal Civil Judge (Jr. Dn.)

and Principal JMFC at Dharwad, decreeing the suit in part.

For the sake of convenience, the parties in this

appeal are referred to with their status and rank before the trial

Court.

It is the case of the plaintiff that the defendant No.1

is

the

owner

of

the

property

bearing

survey

No.20/A/1A/1B2/A/1A

of

Kamalapura

Village,

Defendant No.2 is the son of defendant No.1. It is further

averred that the defendant No.1 was intending to purchase an

alternative property at Hombardi village of Haveri Taluk and as

such, he intended to sell six guntas of land for total

consideration of Rs.9,000/-; and as such, the plaintiff paid

Rs.3,000/- as advance on 28^th August, 1974 and executed the

agreement of Sale. It is also averre