SHABIRABHIYAMMA Vs. SRI THIMMAIAH

JUDGEMENT

(1.) WRIT petitioner is a person who claims interest in 2 acres of land in survery No. 9 of Hondaravalli Village, mallipatna Hobli, Arkalgud Taluk, Hassan District, a land which had been granted infavour of one Sri. Thimmaiah in terms of a grant order dated 9-10-1963 evidenced by Saguvali Chit dated 27-12-1964 and measuring an extent of 3 acres and as a person belonging to the scheduled caste community. It is two acres of such land which the petitioner claims was the subject matter of an Agreement dated 1-8-1987 and under which it is claimed that the petitioner had been put in possession. The claimed that the petitioner had been put in possession. The claim of the petitioner is that the entire sale consideration of Rs. 4,500/- as indicated in this Agreement had been paid by the petitioner in favour of Respondent No. 1.

(2.) IN respect of these developments, proceedings had been taken by the petitioner by filing O. S. No. 10/1989 before the Court of Munsiff, Arakagud, praying for relief of specific performance of the Agreement dated1-8-1987 and consequential injunction and other reliefs.

(3.) IT is the further case of the petitioner that this suit came to be compromised between the parties in terms of a compromise decree dated 17-2-1989 and the Grantee the defendant in the suit who is respondent No. 1 in this petition, was directed to execute a regular sale deed in favor of the petitioner and that the petitioner was further entitled to get the khata changed to his name etc. ,