L KRISHNOJI RAO REP BY GPA HOLDER C ANNAIAH Vs. AGARBATHI WORKERS HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED BANGALORE

JUDGEMENT

(1.) These two regular first appeals are filed by the lenth defendant in O.S. No. 3341/1992 challenging the common judgment but separate decrees passed in O.S. No. 3341/1992 and O.S. No. 5540/1990, both of which are decreed. O.S. No. 5540/1990 is a suit filed for a bare injunction restraining the defendants from interfering with the plaintiffs peaceful possession and enjoyment of the suit schedule property claiming right to the property under an agreement of sale dated 24.11.1985. The suit O.S. No. 3341/1992 is a suit filed for specific performance of the said agreement dated 24.11.1985. As per order on 1.A. No. VII dated 18.2.1998, O.S. No. 5540/1990 was clubbed with O.S. No. 3341/1992. By the impugned judgment, the trial Court has disposed of both the suits, decreeing the suits as prayed for.

(2.) The (acts which gave raise to both these suits is one and the same and even the defence taken is also identical. Therefore, the facts set out in O.S. No. 3341/1992 and the written statement filed therein are clearly set out. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) The subject matter of the suit are agricultural lands bearing S.No.38/1 measuring 201/2 guntas and S.No.37 measuring 3 acres 36 guntas. both situate at Chikkabettahalli Village. Yelahanka Hobli. Bangalore North Taluk, within the boundaries mentioned in the schedule to the plaint and they are hereinafter referred to as the 'schedule property'.