BHEEMRAO Vs. KRISHNA

JUDGEMENT

(1.) This is a plaintiff's appeal against the judgment and decree passed by the Civil Judge (Sr.Dn) Basavakalyan in R.A.No.13/2001. The appeal was filed by the defendants before the Trial Court against the plaintiff.

(2.) For the sake of convenience, the parties will be referred to as per their status before the Trial Court.

(3.) The suit was instituted by the plaintiff before the Civil Judge (Sr.Dn) Basavkalyan Court against the defendants for specific performance of contract of agreement of sale in respect of an agricultural property i.e., Sy.No.54/1 measuring 3 acres out of 5 acres 14 guntas of the same survey number situated at Ekamba village, Taluk Basavkalyan. The first defendant Krishna was the executant of the agreement second defendant is the son and third defendant is the wife: they were alleged to be the members of the joint family and suit property as the undivided joint family property. Prayer was sought for a direction to the defendants to execute a sale deed by receiving the remaining sale consideration of Rs.500/- from the plaintiff: consequential relief of perpetual injunction against the defendants was also sought for.