CHIKKAMMA Vs. RANGARAJU

JUDGEMENT

(1.) Heard the learned counsel for the appellants and learned counsel for the respondent Nos.1(a) to (c).

(2.) The factual matrix of the case of the plaintiffs before this Court in both the appeals is that the plaintiffs in O.S.No.72/2006 filed the suit for the relief of specific performance, wherein the appellants are the defendants. The appellants have also filed the suit in O.S.No.104/2006 seeking the relief of re-conveyance of suit schedule property based on the document of Ex.D1. The case of the plaintiffs in O.S.No.72/2006 is that sale agreement was executed on 24/11/1995 for sale consideration of Rs.50,000.00 and out of that, Rs.40,000.00 was paid and remaining balance of Rs.10,000.00 was payable at the time of registration, when the defendants call upon to execute the sale deed in respect of Sy.No.93/2 measuring 4 acres, 25 guntas. It is also the case of the plaintiffs in O.S.No.72/2006 that registered sale agreement was executed and husband of the first defendant was one of the executant of the sale agreement and the second defendant are also signatories to the said document and husband of the first defendant executed the sale agreement on behalf of the minor children also.

(3.) The defence of the appellants in the said in O.S.No.72/2006 as well as in the suit filed by the appellants in O.S.No.104/2006 is that on the very day of registered sale agreement dtd. 24/11/1995, a document of reconveyance was executed. Hence, they filed the suit for the relief of reconveyance. The material discloses that both the executant of Durgappa and also father of the plaintiffs in O.S.No.72/2006 Rangappa passed away after the sale agreement came into existence and original executant Durgappa died on 6/10/1999 and father of the plaintiffs died on 1/4/2003. Hence, litigation has taken place between the legal representatives of the said Rangappa and Durgappa.