K.L. VEERANNA S/O PATEL LINGEGOWDA SINCE DEAD BY L.RS. (K.V. RAJASHEKAR ALSO KNOWN AS RAJASHEKHARAIAH, GANGADHARA ALSO KNOWN AS GANGADHARIAH AND SHANTHA VEERAMMA, DAUGHTER) Vs. ERAPPA S/O CHIKKARAMANAIAKA (SINCE DEAD BY L.RS. DODDAKKA, WIFE, DEA

JUDGEMENT

(1.) PLAINTIFF in OS 13/82 is the Appellant in this second appeal.

(2.) PARTIES will be referred according to their status found in the suit.

(3.) THE suit is filed by the Plaintiff seeking enforcement of an agreement of sale dated 2.7.1977. It is the case of the Plaintiff that 1st Defendant being the owner of the plaint schedule property has executed the agreement of sale, agreed to sell the plaint schedule property for a sum of Rs. 6,000/ - and had received Rs. 1000/ -. Further case of the Plaintiff is that 1st Defendant went on postponing, he finally got issued a legal notice on 13.5.1981 and it was returned as "refused". So, there is no other option, has instituted a suit for specific performance. As against this case of the Plaintiff, 1st Defendant admits the execution of the agreement, pleads that the Plaintiff is not entitled for the relief of specific performance, while denying the other contentions pleaded by the Plaintiff. 3rd Defendant denying the case of the Plaintiff in regard to the specific performance, contend as follows: The terms and contract of the alleged agreement to sell are not binding on this Defendant. The said agreement to sell is enforceable in law. Further, it is not correct to state that the terms of the agreement to sell are binding upon the third Defendant. Further contend that he is a bonafide purchaser for value. Suit is barred by time. So, suit of the Plaintiff is not maintainable. So, pray for dismissal of the suit. It is also contended by the 3rd Defendant at para.8 that the suit is barred by time.