MAHADEVAPPA Vs. CHIKKAPPA SHIVAPPA KALI

JUDGEMENT

(1.) THIS second appeal by the plaintiff in OS No. 28 of 1980 - a suit for specific performance of agreement dated 7.6.1975 purporting to convey agricultural property measuring 13 acres 20 guntas in R.S. No.57/1 situated at Devihal Village, for total consideration of ?3,600A and a sum of ?2,000/- had been paid at the time of agreement and, balance 1,600/- to be paid later, impleading the owner of the land as first defendant and subsequent purchaser of the very property as per the sale deed dated 3.7.1980 - Exhibit.Dl as second defendant and suing for specific performance.

(2.) THE suit was contested on all aspects and the trial Court framed the following issues:

(3.) AS against this, on the part of the defendants, both defendants deposed as DW. 1 and DW.3 respectively and were supplemented by three more witnesses one Yallappa Ningappa Hanakanahaili as DW.2, Krityunjaya Gurayya Hombalimath as DW.4 and Shanmukhgouda Karigouda Patil as DW.5. The documentary evidence on behalf of the defendants comprised of Exhibit.Dl sale deed dated 3.7.1980, record of rights dated 15.7.1980 as per Exhibit.D4.