MASOOD SAB Vs. DODDANNA

JUDGEMENT

(1.) in this civil revision petition defendant/petitioner is challenging the order passed by the trial court on i.a. no. 14 filed under order 23, rule 1, cpc in o.s. no. 64 of 1980 on the file of the ii munsiff, and j.m.f.c., mysore, seeking for permission to withdraw the suit with liberty to file a fresh suit in future for the reasons stated in the affidavit filed in support of the said i.a. no. 14.

(2.) a few facts which are necessary to dispose of this revision petition are that onejavaregouda was the owner of the suit land. On 2-7-1947, javaregouda entered into an agreement to sell the property measuring 7 acres 25 guntas to one Mr. Peersab for a sum of Rs. 200/- on a contingent contract, that peersab should reconvey the property of 5 acres 25 guntas out of total extent of land to javaregouda when it becomes wet.

(3.) in the year 1980, javaregouda filed a suit against the sons of peersab on thebasis of the agreement dated 2-7-1947, for relief of specific performance that defendants should execute a sale deed in respect of 5 acres 25 guntas of wet land for Rs. 200/- and on their failure, court should get the sale deed registered in his favour. The same was opposed by the defendants. It was contended that they are not liable to execute the sale deed disputing the very agreement dated 2-7-1947. It was also contended that there is no cause of action for filing the suit.