LAWS(KAR)-2024-9-56

HULGAPPA Vs. M.A.GANI

Decided On September 17, 2024
Hulgappa Appellant
V/S
M.A.Gani Respondents

JUDGEMENT

(1.) This Regular First Appeal is by defendants No.1 and 2, challenging the decree for specific performance of the contract dtd. 5/2/2010.

(2.) The Trial Court has held that the agreement to sell the suit property for Rs.64,75,000.00 executed by defendants No.1 and 2 is proved. Defendants No.1 and 2 were directed to execute the registered sale deed by receiving the balance consideration of Rs.59,75,000.00, deducting Rs.5,00,000.00 paid as advance consideration amount. The Trial Court has rejected the defendants' defence of denial of execution of the agreement for sale.

(3.) The contention of defendants No.3 to 13, who are the family members of defendants No.1 and 2 that they too have right and interest in the suit schedule property, is not accepted by the Trial Court.