G.N. SRINIVASA, 60 YRS S/O LATE G.M. NARASIMHAIAH R/O NORTH EXTENSION BEHIND ADV. SUDARSHAN'S HOUSE COMMON CHIKBALLAPUR TOWN Vs. D.C. GURAPPA-SINCE DEAD BY HIS LRS SMT SUSHEELAMMA AND OTHERS

JUDGEMENT

(1.) THESE two appeals have been filed by one G.N. Srinivasa who is defendant in OS 213/1996 (RSA 3345/2006), a suit for specific performance and plaintiff in OS 207/1997 (RSA 339/2006), a suit for permanent injunction. The subject matter of the suit properties is garden land in Sy. No. 87/1A measuring about 19 guntas and Sy. No. 74/1 measuring about 25 guntas situate at Mustur Village of Chikkaballapura Taluk. According to the plaintiff Gurappa who is the agreement holder, he has entered into a sale transaction of the immovable property for a consideration of Rs. 30,000/ - with the defendant and has paid an advance of Rs. 20,000/ -. The defendant -Srinivasa has agreed to execute the registered sale deed within three months free from all encumbrances, by receiving the balance consideration. In part performance, according to the plaintiff, defendant parted with possession and as such, plaintiff is in possession. Accordingly, the suit for specific performance was filed. The suit was resisted by the defendant. Based on the pleadings, as many as six issues were raised by the trial court. While holding all the relevant issues in favour of the plaintiff, trial court decreed the suit.

(2.) IN the suit filed by the defendant i.e., for permanent injunction against the plaintiff who filed a suit for specific performance, after contest, holding that the plaintiff Gurappa in OS 213/1996 is in possession, the trial court dismissed the suit. Against these two orders, appeals in RA 57/2012 and RA 58/2012 were filed. The lower appellate court dismissed the appeals and confirmed the order of the trial court. Hence, these two second appeals.

(3.) HEARD the counsel representing the parties.