KALLAIAH K Vs. NINGEGOWDA

JUDGEMENT

(1.) This appeal is by the plaintiff and is directed against the judgment and decree dated 30-8-78 of the civil Judge, Hassan, in R.A. No. 3 of 1977, affirming the judgment and decree dated 10-11-1976 of the Munsiff, Channarayapatna, in O. S. No. 206 of 1971.

(2.) Prior to 29-6-60 the plaintiff was the owner of land bearing Sy. No. 70/2A of Kaggere village, Nuggehally Hobli. Channarapatna Taluk, measuring 2 acres 15 guntas out of which an extent of 0-01 gunta was a 'kharab' land. On 29-6-60 the plaintiff executed a registered sale deed in favour of the defendant purporting to convey the said land to the latter for a consideration of Rs. 200 (Exhibit-P1) . On the same day, the defendant also executed an agreement to reconvey the said land (Exhibit-P2) to the plaintiff within 18 months from that day. On 18-7-63, the defendant reconveyed an extent of 1 acre 15 guntas including the kharab out of the aforesaid land to one Sri K. Visweswaraiah, a son of the plaintiff (Exhibit-P3)

(3.) The plaintiff alleged that under another agreement of the same date (Exhibit-P2 (d) the defendant agreed to reconvey the remaining extent of 1 acre also to him on his paying the balance of the loan amount taken by him on 29-6-60 under the purported registered sale deed Exhibit-Pi with interest thereon. On these and other allegations, the plaintiff instituted O.S. No. 206 of 1971 on 6-10-71 in the court of the Munsiff, Chanarayapatna for specific performance of the agreement dated 10-7-63 and for a permanent injunction restraining the defendant from interfering with his alleged possession of the aforesaid 1 acre of land.