CHANABASANAGOUDA Vs. UMESHGOUDA

JUDGEMENT

(1.) Lone defendant Chanabasanagouda of an original Suit bearing O.S.No.298/1989 is before this Court challenging the judgment and decree passed against him for relief of specif ic performance of contract and aff irmation of the same by the First Appellate Court i.e., the Court of Senior Civi l Judge, Haveri in R.A.No.18/1992. Respondent is the lone plaintiff in the said suit. Parties wi l l be referred to as plaintiff and defendant as per their ranking given in the trial Court.

(2.) The facts leading to the fil ing of the suit in O.S.No.298/1989 are as fol lows: Plaintiff was the absolute owner of land measuring 15.29 acres in survey No.67/2B of Shishuvinhal vi llage, Shiggaon taluk. According to the plaintiff, he was in f inancial crisis and therefore, approached the defendant proposing to sel l 5 acres of land on the southern side of survey No.67/2B in favour of defendant on 25.04.1985 and it was agreed to sell 5 acres of land in favour of defendant for Rs.20,000/-and sale deed was got executed on 25.04.1985 by receiving the entire consideration of Rs.20,000/- and possession of the schedule property was also handed over to the defendant on the same day. According to him, an agreement of reconveyance was entered into between him and the defendant on the same day i.e., 25.04.1985, under which defendant agreed to reconvey the property provided the plaintiff paid a sum of Rs.20,000/- within three years from 25.04.1985. Defendant is stated to be enjoying the suit schedule property as the absolute owner.

(3.) According to the defendant, the sale deed is an out and out sale deed and that he had never agreed to reconvey the property and he had never executed any agreement on 25.04.1985 or on any other date, and that the said alleged agreement of sale is a concocted document. The suit is stated to be barred by time. With these pleadings, he had prayed for dismissal of the suit.