ERAMMA Vs. D KALAPPA

JUDGEMENT

(1.) this second appeal is presented by the plaintiff questioning the correctness of the judgment and decree made in r.a. No. 45/1978 on the file of the i additional civil judge, mysore, reversing the judgment and decree of the trial court in o.s. No. 422/75 on the file of the munsiff at hunsur.

(2.) the facts of the case in brief are as follows:- the plaintiff filed the suit for specific performance under an agreement dated 3-7-1967 marked as exhibit p2 for reconveyance of the suit property which is an agricultural land measuring about 5 acres 37 guntas bearing survey No. 14 of koralahosahalli, kasaba hobli, periyapatna taluk. The plaintiff was the owner of the said land and she executed a registered sale deed on 3-7-1967 for a consideration of Rs. 1,000/- in favour of the defendant. According to the plaintiff she had continued in possession of the property agreeing to pay interest on the said sum of Rs. 1,000/- to the defendant on the understanding that the defendant should reconvey the property in her favour when the said sum of Rs. 1,000/- and interest thereon was paid to him. Accordingly, the defendant executed the agreement dated 3-7-1967, agreeing to reconvey the said property to the plaintiff on payment of Rs. 1,000/- and interest thereon.

(3.) the defendant in his written statement admitted the sale transaction under sale deed dated 3-7-1967. However, he denied having executed the reconveyance deed. He also denied that there was any understanding between the plaintiff and the defendant that the plaintiff should continue in possession and pay interest on Rs. 1,000/- as averred by plaintiff. The defendant also disputed the plaintiffs assertion that she continued to be in possession for about two years after the execution of the sale deed, and that she paid interest to him. He also disputed that the possession of the land was given to him only after two years of the execution of the sale deed. According to the defendant, possession was delivered simultaneously with the execution of the sale deed. On the basis of the above pleadings the trial court framed the following issues:-