YESHODA GOWDA Vs. J C RUDRASHARMA

JUDGEMENT

(1.) This appeal by the defendant is directed against the judgment and decree dated 18.4.1981 passed by the XIII Addl City Civil Judge, Bangalore City, in RA No.715 of 1980, on his file, dismissing the appeal of the defendant on confirming the judgment and decree dated 8.2.1980 passed by the I Addi. I Munsiff, Bangalore in OS No.2303 of 1974, on his file, decreeing the suit of the plaintiffs.

(2.) Plaintiffs instituted the suit for specific performance of the agreement to surrender the extra space as per the agreements contained in Exs P-1 and P-2.

(3.) This Court, in its remand order dated 2.11.1978 passed in RSA No.108 of 1978 directed the trial Court to raise two issues and to dispose of the suit in accordance with law, answering the two additional issues so raised. The said issues are: