SHRIKANT RAMAGOUDA PATIL Vs. KRISHNA BALARAM FAGARE

JUDGEMENT

(1.) This appeal is by the defendant in the trial court being aggrieved by the suit of the plaintiff for specific performance being decreed.

(2.) The facts in brief are that, the respondent-plaintiff and the appellant herein entered into an agreement of sale on 18.4.1988 in respect of the suit property comprising 1 acre 28 guntas of land in R.S.No. 19/2 within the limits of Kanabargi village, Belgaum District, and the rate agreed was Rs.80,000.00 per acre.

(3.) The defendant, on the other hand, denied the agreement of sale as well as the receipt of Rs.1,31,000.00 from the plaintiff and contended that no notice was issued by the plaintiff to him and the suit of the plaintiff is also barred by limitation and that apart, the defendant, after coming to know of the public notice issued by the plaintiff in a daily paper called Tharun Bharath on 7.3.1998, gave reply to the plaintiff and, thereafter, the plaintiff kept quiet till 1999 and, therefore, the suit of the plaintiff be dismissed.