LATE BALAPPA NAIKAPPA NAIK Vs. NEELAPPA KHEMAPPA KASHAPPAGOL

JUDGEMENT

(1.) THIS appeal arises from an order dated 14-1-2001 passed by the court-below in R. A. No. 14/96 setting aside the judgment and decree of the trial court passed in O. S. No. 423/90 and remanding the matter for fresh trial and disposal in accordance with law.

(2.) THE facts leading to this appeal, briefly stated, are as follows: the suit property is a piece of agricultural land bearing Sy. No. 82 and measuring 1 acre 2 guntas. The plaintiff filed the suit for specific performance of the contract of sale entered into between himself and late Tayawwa. The plaintiff's case was that the original defendant Tayawwa was given the suit property by her mother Laxmawwa and, therefore, under Sec. 14 of the Hindu Successsion Act she had become the absolute owner of the suit property and in that capacity she had entered into an agreement of sale with him. As she refused to execute the sale deed despite the plaintiff expressing his readiness and willingness to perform his part of the contract, the plaintiff filed the suit for specific performance. The trail court dismissed the suit on the ground that the plaintiff failed to establish that Tayawwa was the owner of the suit property. In appeal, the court-below set aside the judgment and decree of the trial court and remanded the matter back to the trial court to consider the additional evidence produced in the case and then dispose of the suit in accordance with law. Hence the present appeal by the aggrieved defendant.

(3.) I have heard the learned counsel Sri. Ashoka. R. Kalyan Shetty for the appellant. The respondent, though served, has remained absent and is unrepresented in this appeal.