IMPORTANT POINT
First Appeal – Judgment of Appellate Court shall be in writing and would include points for determination, decision thereon, reasons for decision and where decree is reversed or varied, relief to which appellant is entitled.

JUDGMENT :

Vikram Nath, J.

1. The appellant is the own sister of the sole respondent. Their father Puttanna had inherited certain properties from his father which were ancestral properties and are described as item nos. 1 and 2 of Schedule ‘A’ to the plaint, whereas property described at item no. 3 was alleged to be self-acquired property of Puttanna on the basis of occupancy rights. In so far as the property described at Schedule ‘B’, it belonged to the respondent which the appellant claimed to have purchased.

2. The appellant is the plaintiff in OS No. 2506 of 1991 instituted in the Court of the City Civil Judge, Bangalore, wherein the sole defendant is the respondent herein (brother of the appellant). Primarily, two reliefs were claimed in the said suit; firstly a partition and separate possession of ¼(one fourth) share in properties described at item nos. 1 and 2 and ½(one half) share in the property described in item no. 3 of Schedule ‘A’ to the plaint; the second relief prayed was for a decree of specific performance of the agreement and sale dated 25.05.1981 with respect to the property described in Schedule ‘B’ to the plaint.

3. The claim set up by the appellant was that properties described at item nos. 1 and 2 in Schedule ‘A’ were ancestral properties and, therefore, upon the death of her father in 1974, she would be entitled to ¼share and further that the property described as item no.3 of Schedule ‘A’ was exclusively occupied by her father who had applied before the revenue authorities for being declared as an occupant and the same was pending at the time when her father died. Later on, it was continued to be prosecuted by the respondent and it was ordered that his name be recorded as occupant as such she would be entitled to ½share. With respect to the relief of specific performance of contract, it was alleged that she had paid a sum of Rs. 12,000/for purchasing 1 acre and 10 guntas in Survey no. 60 situated on Dyavasandra Village, Krishnarajapura Hobli, Bangalore South Taluk and for which an agreement to sell dated 25.05.1981 was executed. The respondent had placed the appellant in possession of the said property. Later on, he declined to execute the sale deed despite appellant being always ready and willing to perform her part of the obligation to the agreement.

4. The respondent contested the suit, filed written statement and denied averments made in the plaint. According to the respondent his father had already spent substantial amount on the marriage of the appellant. She was also given jewellery worth Rs. 50,000/and also an additional sum of Rs. 8,000/for establishing a stationary-cum-coffee shop. Other averments made in the written statement were to the effect that the appellant had access to the savings of her father and that she had secretly utilized the savings of both her and her father’s in purchasing property in the name of her husband. In paragraph 15 of the written statement, further details have been mentioned with regard to the property acquired by the appellant and also which is received from their father.

5. The respondent, however, admitted that the properties described at item nos. 1 and 2 of the Schedule ‘A’ were ancestral properties. It is, further, stated that the property described at item no. 3 of Schedule ‘A’ of the plaint was jointly cultivated by him and his father and after the death of his father, he was exclusively cultivating the same and upon the coming of the Mysore (Religious and Charitable) Inams Abolition Act, 1955¹[In short “Inam Act”], he became entitled to occupancy rights and accordingly applied for it, which was granted. Further, the respondent denied the alleged agreement to sell and stated that it was a false and fabricated document and he never received any consideration amount as alleged by the appellant. On such pleadings, it was prayed that the suit be dismissed with exemplary costs.

6. Parties led evidence, both oral and documentary. The XIX Additional City Civil Judge, B