ALI Vs. MOHIUDDIN SHARIFF

JUDGEMENT

(1.) THE defendant 's legal heirs are in second appeal against the Judgment and decree in RA No.119/2004 dated 05.09.2008 on the file of Judge, Fast Track Court, Kolar, setting aside the finding of trial Court on issue No.6 to 10 and decreeing the suit for specific performance and restraining defendants from interfering with their possession.

(2.) HEARD the learned Senior counsel Mr.Padmanabh Mahalay for appellants and the learned counsel Mr. Rahavendra Rao, for respondents and examined the records in supplementation thereof.

(3.) THE defendants while admitting he was owner of the property in question, resisted the decree for specific performance denying execution of the alleged agreement of sale on 18.01.1988 for consideration of Rs.45,000/- and denied of having received Rs.20,000/- as advance. He denied he had executed another agreement on 05-06-1993 affirming the earlier agreement in consideration of additional Rs.10,000/- to be paid to the mortgagee.