S H MUNIYAPPA Vs. SUBBA

JUDGEMENT

(1.) Unsuccessful plaintiff is in appeal against judgment in R.A. No. 128/2004 reversing the finding of the Trial Court in O.S. No. 428/96 and dismissing the suit declining to grant decree for specific performance. The appeal has been admitted to consider the following questions of law:

(2.) After admission of the appeal, learned counsel on both sides plead for expeditious disposal and hence the appeal is taken up for final disposal.

(3.) I have heard both sides substantially and perused the records, from which following facts manifest: