H.N. NAGARAJU Vs. S. SHANKARA AND ORS.

JUDGEMENT

(1.) This is a plaintiffs regular first appeal challenging the judgment and decree of the Trial Court, which has declined to grant the decree for specific performance and granted the alternative relief for refund of the advance amount of Rs. 10,00,000/ - paid under the agreement of sale with interest at 6% p.a. from the date of the agreement till the date of realization.

(2.) For the purpose of convenience the parties are referred to as they are referred to in the original suit.

(3.) The subject matter of the suit is agricultural land bearing Sy. No. 9/1 and 9/2 measuring 1 acre 26 guntas assessed at Rs. 4.28 and 31 guntas assessed at Rs. 2.03 totally 2 acre 17 guntas situated in B. Agrahara Village, Belagola Hobli, Srirangapatna Taluk, which is more fully described in the schedule to the plaint and hereinafter referred to as the 'schedule property'.