ON

17.06.2022,

THIS

DAY,

THE

COURT

PRONOUNCED THE FOLLOWING:

JUDGMENT

Challenging

judgment

and

decree

dated

31.08.2016 passed by I Additional District and

Sessions Judge, Bagalkot, sitting at Jamakhandi

(for

short,

“first

appellate

Court”)

in

R.A.no.31/2014 and judgment and decree dated

31.01.2014

passed

by

Additional

Senior

Civil

Judge, Jamakhandi (for short, “trial Court”) in

O.S.no.154/2012, this appeal is filed.

3

Appellant herein was defendant no.1,

while respondent no.1 herein was plaintiff and

respondent no.2 herein was defendant no.2 in

original suit. For sake of convenience, they shall

hereinafter be referred to by their rank in original

suit.

3.

O.S.no.154/2012 was filed by plaintiff

seeking for a money decree directing defendant

no.1 to pay to plaintiff sum of Rs.10,05,000/- with

interest @ 18% per annum from date of agreement

till realization etc.

4.

In plaint, it was stated that defendant

no.1 was owner of land bearing R.S.no.28/2B

measuring 20 guntas having NA potential situated

at Jamakhandi. Due to her family and personal

necessity, she agreed to sell it to in favour of

plaintiff for total consideration of Rs.31,00,000/-.

On 22.08.2011, she received earnest money o