LAWS(KAR)-2021-3-152

SHUBA Vs. NANJAMMA

Decided On March 26, 2021
Shuba Appellant
V/S
NANJAMMA Respondents

JUDGEMENT

(1.) The tone for this judgment needs to be set by reproducing Stanza 40 of the First Magna Carta of 1225, which runs as under:

(2.) The suit in O.S.No.7913/2001 is for a decree of declaration and specific performance; it is filed by the first respondent Nanjamma; originally, there were only defendant Nos. 1 and 2; however, subsequently defendant Nos. 3 7 4 came to be impleaded as being the buyers pendente lite.

(3.) Additional Issue No.2 came to be framed on the basis of the Written Statements filed by the impleaded defendants as to valuation and court fee qua the prayer for the decree of possession introduced vide paragraphs 19A and 19C to the plaint vide amendment; this issue was treated as a Preliminary Issue and answered in favour of the plaintiff vide order dated 17.01.2014.