N A MAYANNA Vs. SRI M VELU

JUDGEMENT

(1.) WE have heard learned counsel for the parties.

(2.) THIS appeal is directed against the judgment and order passed by the learned Single Judge whereby the learned Single Judge has set aside the judgment and decree passed by the 3rd Additional civil Judge in O. S. No. 8492 of 1980. The Trial Court by its order dated 30th June, 1992 dismissed the suit for specific performance.

(3.) THE defendant vendor was obliged to obtain necessary sanction from the competent authority for executing the sale deed and also to undertake that the total extent of land held by the vendor is in excess of the limit permitted under the Urban Land Ceiling Act and if at all surrender of the land to be made to the authority excluding the agreed vacant land, the other land would be surrendered to the competent authority.