LAMBANI SEVLIBAI @ SOMLIBAI, W/O LATE GOPYANAIK Vs. V.G. CHANNABASAVANAGOWDA, S/O VEERANAGOWDA, SINCE DECEASED BY HIS L.RS ((A) SMT. NIRMALAMMA, W/O LATE CHANNABASAVANAGOWDA

JUDGEMENT

(1.) THE divergent findings of the courts below are called in question in this second appeal. Heard leaned counsel for the parties.

(2.) APPELLANT was the plaintiff in O.S.No. 25/05 on the file of the Civil Judge (Jr. Dn) and JMFC, Harapanahalli. The suit was instituted by the plaintiff against the defendants to enforce the agreement dated 13.06.1989 and to grant a decree of perpetual injunction. According to the plaint averments, the 1st defendant - V.G. Channabasavanagowda along with his mother agreed to sell 6.56 acres of agricultural land situated at Giriyapura Thanda village in Davangere district under an agreement of sale dated 13.06.1989 for a total sale consideration of Rs. 2,225/. According to the plaint averments, the possession was delivered to the plaintiffs husband on the date of the agreement and entire sale consideration was paid and her husband was enjoying the entire extent of land as an absolute owner.

(3.) CONTENDING that she was ready and willing to perform her part of the contract and as the defendants are trying to interfere with her possession, she filed the suit for specific performance of contract and also to grant a decree of perpetual injunction.