BHAGYAMMA Vs. K SOMASHEKAR

JUDGEMENT

(1.) THIS appeal is filed by the appellants, challenging the legality and correctness of the judgment and decree dated 26 -11 -2013, passed by the Principal Senior Civil Judge, Hassan, in OS No 15 of 2009. The appellants were defendants 1, 3 and 4 before the court below.

(2.) FOR the sake of convenience, the parties would be referred to as per their ranking in the trial court.

(3.) THE plaintiff filed the suit against defendants 1 to 4 to grant relief of specific performance to enforce the agreement of sale dated 28 -5 -2008 by directing the defendants to execute sale deed by receiving the balance sale consideration in respect of suit schedule property. The suit schedule properties is 2 acres 4 guntas of land comprised in Sy No 6 of Hullenahalli village, Kasaba hobli, Hassan district. According to the plaint averments, first defendant is the widow of one Hanumanthegowda and the second defendant is the only son of deceased Hanumanthegowda and first defendant Bhagyamma. The third and the fourth defendants are the daughters of deceased Hanumanthegowda and Bhagyamma.