ANJANAPPA Vs. NARAYANACHAR

JUDGEMENT

(1.) The Appellant is before this Court seeking for the following reliefs:

(2.) The Appellant-Plaintiff is on second appeal. The Appellant had filed a suit in O.S. No.294/1998 seeking for specific performance of an Agreement of Sale and a consequential injunction restraining the Defendants or their agents from interfering with the peaceful possession and enjoyment of the suit schedule property, as also restraining the Defendants from alienating the suit schedule property. The Trial Court vide its Judgement dtd. 20/8/2009 dismissed the said suit. Challenging the same, the Appellant/Plaintiff had filed Regular Appeal No. 169/2009 which also came to be dismissed vide Judgment dtd. 15/9/2015. It is challenging the said concurrent finding that the above Regular Second Appeal has been filed.

(3.) The contention of the Plaintiff is that the first Defendant had executed an Agreement of Sale in favour of the Plaintiff on 22/3/1989 agreeing to sell the suit schedule property and one other property described as a non-suit property bearing survey no. 196 measuring 1 acre 25 guntas situated at Chikkabanwara village, Yeshwantpura Hobli, Bangalore for a consideration of Rs.2,25,000.00 by receiving a sum of Rs.25,000.00 as earnest money and had agreed to receive the balance consideration of Rs.2.00 lakhs in four equal installments within a period of 16 months from the date of the Agreement of Sale. There being a loan on the property, the Defendant had also agreed to discharge the said loan before executing the sale deed.