BOREGOWDA Vs. SIDDEGOWDA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the appellant.

(2.) This appeal is filed challenging the judgment and decree dtd. 7/3/2022 passed in R. A.No.126/2019 on the file of the Additional Senior Civil Judge and JMFC, Hassan in confirming the judgment and decree dtd. 11/6/2019 passed in O.S.No.275/2014 on the file of the I Additional Civil Judge and JMFC at Hassan.

(3.) The factual matrix of the case of the appellant/defendant before the Trial Court that he has not executed any sale agreement and he had executed only security document for the loan amount which he has received from the respondent/plaintiff and the documents which have been obtained at the time of lending the loan were created as sale agreement and filed the suit for specific performance of contract. The Trial Court without considering the recitals mentioned in document at Ex.P1 proceeded to pass an order directing the appellant/defendant to execute the sale deed.