VERANNA VEERABHADAPPA KORIHALLI Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) THIS second appeal is filed by the plaintiff in O. S. No. 486 of 1997 on the file of the learned Additional Civil Judge (JD), Hubli dismissing the suit and it is directed against the confirming judgment and decree in R. A. No. 17 of 1999 on the file of the learned Prl. Civil Judge (SD), Hubli dismissing the appeal.

(2.) BRIEF facts of the case are that the appellant plaintiff agreed to purchase land bearing Sy. No. 270/1+2+3 measuring 7 acres situated at Gokul, Hubli from one Basappa Unakal and Hanamant Unakal for Rs. 1,61. 000/- and entered into an agreement of sale dated 23-7-1985. Since the vendors allegedly did not execute the sale deed as per the agreement, the appellant -plaintiff filed O. S. No. 148/86 before the trial Court for specific performance of the agreement. The suit was decreed on 27-2-1990. Against the said decree an appeal was filed by the owner - vendor which was dismissed. To execute the decree, the appellant filed Execution Petition No. 585/94 before the trial Court, which appointed a Commissioner to execute and get the sale registered and accordingly the commissioner prepared the sale deed and submitted the same for registration before the Sub-Registrar, Hubli, who refused to register the sale deed by his order dated 2-2-1996.

(3.) AGAINST the abovesaid order passed by the Registrar, the plaintiff-appellant filed an appeal before the District Registrar, Dharwar who agreeing with the Sub-Registrar dismissed the appeal and hence the suit as provided under Section 77 (1) of the Registration Act was filed.