MAHARUDRAPPA Vs. MAHADEVAPPA

JUDGEMENT

(1.) This appeal is by the plaintiff in the original suit bearing NO. 15/1994 pending before the Addl. Civil Judge, (Jr. Dn.) & JMFC, Haveri as he is aggrieved by the divergent finding passed by the Addl. Civil Judge (Sr. Dn.) Haveri in R.A. 46/2004 dated 9.9.2009.

(2.) Respondent herein was the defendant in the said suit. Parties will be referred to as per their ranking before the trial Court.

(3.) Suit for specific performance of contract on the basis of alleged agreement to sale dated 25.8.1985 came to be decreed after contest on 8.7.2004. Against the said judgment and decree, an appeal came to be filed under Section 96 of CPC. Several grounds have been urged by the defendant in the said appeal.