VASTADA SHIVAMURTHAPPA Vs. ADHIKARI CHENNABASAPPA

JUDGEMENT

(1.) THE lone defendant of an original suit bearing O.S. No. 80/1999 which was pending on the file of Civil Judge (Jr.Dn.), Harapanahalli is before this Court challenging the concurrent finding passed by the Civil Judge (Sr.Dn.) Harihar in R.A. 162/2001.

(2.) SUIT filed against the defendant for relief of specific performance has been decreed and this appellant has been directed to execute the sale deed in respect of 3.35 acres of land in Sy. No. 457/A of Halavagalu Village, Harapanahalli Taluk.

(3.) THE defendant has chosen to deny all the material averments and has called upon the plaintiff to strictly prove the contents of the plaint. He has specifically averred that the alleged agreement of sale is no agreement of sale in the eye of law and that he had financial transaction with the son of the plaintiff, who is a Mandi Merchant at Davanagere and he is due to pay a sum of Rs. 30,000/ - to him and that his son has already filed a separate suit to recover the said amount. The material averment of readiness and willingness has been specifically denied. It is also specifically averred that transaction with the plaintiff and that he had not intended to execute sale deed in his favour. According to him, sale consideration is quite inadequate and insufficient when similar lands so placed had greater market value, than the one mentioned in the alleged agreement. With these pleadings, the defendant has prayed for dismissal of the suit.