MALLAPPA Vs. SHANKRAPPA YALIGAR

JUDGEMENT

(1.) The plaintiff is in second appeal.

(2.) The plaintiff filed a suit seeking to enforce an agreement of sale dated 27.03.1982 and as a consequence for a direction to the defendant Nos.1 and 2 to execute a sale deed in respect of the suit property.

(3.) It was the case of the plaintiff that the suit property bearing Sy.No.76/3 measuring 5 acres 01 gunta originally belonged to Parappa (father of defendant Nos.1 and 2) and Parappa had given the suit property to the plaintiff for cultivation and he had also taken some money. It was his case that Parappa had expressed his intention to dispose of the suit property and the plaintiff being his nearest relative had agreed to purchase the suit property and accordingly Parappa had executed an agreement of sale, whereby he agreed to sell the property for a sum of Rs.10,000/- and the said Rs.10,000/- had also been paid to Parappa.