JAMBU RAO SATAPPA KOCHERI Vs. NEMINATH APPAYYA HANAMAVNAYAR

JUDGEMENT

(1.) The appellant agreed to sell to the respondent Survey Nos. 5 and 12 of village Pattihal in District Belgaum, Mysore State, admeasuring 41 acres 26 gunthas of jirayat land for Rs. 32,000. The appellant having failed to execute a conveyance of the land, the respondent commenced an action in the Court of the Civil Judge, Senior Division, Belgaum, for a decree for specific performance of the agreement and for possession of the land. The Trial Court dismissed the suit holding that the agreement, if enforced, would result in "transgression of the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948". In appeal, the High Court of Mysore granted a decree for specific performance. With certificate granted by the High Court, this appeal has been preferred by the appellant.

(2.) The Trial Court and the High Court have concurrently found that the appellant failed to prove that the contract was abandoned by mutual agreement and nothing more need be said about the plea raised by the appellant. Two questions survive for decision in this appeal;

(3.) On the declaration made by the Mamlatdar under sub-section (2) ,-