BASHEERABI Vs. SYED RAZAK

JUDGEMENT

(1.) PLAINTIFF 's second appeal against divergent findings.

(2.) APPELLANT instituted OS No.193/1993 before the Additional Civil Judge [Jr. Dn.,], Channagiri, for specific performance of the agreement of sale dated 16.10.1982 executed by respondents arraigned as defendants, agreeing to convey the suit schedule property being agricultural lands measuring 1 acre 20 guntas from out of 3 acres in Sy. No.31/P, Channagiri Town, having put the appellant in possession of the same on receipt of the entire sale consideration of Rs. 6,000/ -.

(3.) RESPONDENTS , arraigned as defendants, resisted the suit by filing written statement, denying the plaint averments, nevertheless, contended that plaintiff obtained their signatures on blank stamp paper and thereafterwards fabricated the agreement of sale, in addition to the contention that sale of a fragment was void as against public policy in view of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 [for short 'the Act'].