BASAMMA AND ORS. Vs. DEVAMMA AND ANR.

JUDGEMENT

(1.) This appeal is by the plaintiff in OS No.397 of 1997 - a suit on the file of the Court of the II Addl. Civil Judge [Jr. Dn.1 at Bellary, for specific performance of agreement dated 3.4.1991 said to have been executed by the original defendants, one by name Siddappa - first defendant and his wife Siddamma -- second defendant in favour of original plaintiff by name B. Chennanagouda, son of Karibasvanagouda. As the original plaintiff and original defendants are all dead and gone, the case has remained either by coming on record of the legal heirs of the plaintiff or bringing on record the legal heirs of the original defendants.

(2.) Plaintiffs case was that defendants 1 & 2 - Siddappa and Siddamma respectively had during their lifetime executed an agreement dated 3.4.1991 agreeing to sell their property, rickyard measuring East to West -- 12 yards and North to South -- 24 yards, identified as Sy. No.546B or 546A/2 in the Village of Somasamudara, Bellary District, bounded on the East by: Open space of Sarvamangalamma, West by: Open space of Virupanna and Gadeppa, North by: Open Space of Chidanandagouda, South by: Rastha.

(3.) It is also the case of the plaintiff that the sale consideration was a sum of RS. 29,000.00 and the entire amount is said to have been paid by the plaintiff to the defendants at the time of execution of the agreement and the plaintiff was also put in possession of the particular suit property.