DIGAMBAR Vs. ABDULNAZEER

JUDGEMENT

(1.) The present appeal is filed by the unsuccessful plaintiff aggrieved by the judgment and decree dtd. 30/11/2007 passed in O.S.No.40/2001 on the file of the Civil Judge (Sr.Dn.) and JMFC, Hangal (hereinafter referred to as the 'Trial Court') in and by which the suit for specific performance filed by the appellant herein came to be dismissed with cost and the said judgment and decree has been confirmed by the judgment and order dtd. 12/9/2013 passed in R.A.No.17/2008 on the file of the District Judge, Haveri (hereinafter referred to as the 'First Appellate Court'). Being aggrieved by the same, the plaintiff is before this Court.

(2.) The case of the plaintiff is that the suit property in Sy.No.329A of Halekoti village measuring 1 acre 24 guntas was agreed to be sold by defendants No.1 and 2 in favour of the plaintiff for a sale consideration of Rs.80,000.00. Accordingly on 18/8/1995 defendants No.1 and 2 by receiving a sum of Rs.30,000.00 executed an agreement of sale in favour of the plaintiff. That the defendants had agreed and undertaken to execute deed of sale in favour of the plaintiff by receiving the balance sale consideration.

(3.) Defendants No.1 and 2 in their written statement denied the averments and allegations made.