SHANKAR Vs. SHIVAPPA

JUDGEMENT

(1.) Appellant/plaintiff feeling aggrieved by the judgment and decree passed by first Appellate Court on the file of I Addl. District and Sessions Judge, Dharwad, sitting at Hubballi, in R.A.No.39/2006 dtd. 27/2/2009 preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of plaintiff can be stated in nutshell to the effect that the schedule property measuring 10 guntas out of middle portion of land measuring 2 acres 7 guntas is inherited by deceased defendant Shivappa. In a suit for partition, the family property of deceased defendant Shivappa and his father to an extent of 4 acres 7 guntas in block No.122 of Amargol village, fell to the share of father of defendant. After the death of his father, Shivappa succeeded to the said property. There were chain of litigations and in order to meet the litigation expenses and family necessity agreed to sell the properties covered under Ex.P.1 to Ex.P.3 agreement of sale and major part of consideration Rs.52,950.00 has been paid by plaintiff out of total consideration of Rs.53,650.00. The plaintiff was put in possession of the schedule property and it was agreed to execute the sale deed after litigations are over. Inspite of conclusion of litigations, deceased defendant Shivappa did not come forward to execute the sale deed. The notice dtd. 18/3/2000 was issued and in response to the same, defendant did not come forward to execute the sale deed. Therefore, plaintiff was constrained to file the suit on hand for the relief claimed in the suit.