MARIYAMMA AND ORS. Vs. DISTINAPPA

JUDGEMENT

(1.) Defendants in O.S. No. 591/1989 have filed this revision petition challenging the rejection of their application filed under Section 28(1), (2) and 4 of the Specific Relief Act, 1963 (for short the Act') for rescission of the contract.

(2.) Facts, stated in brief, are that on 26.11.1985, an agreement of sale was executed between the plaintiff and one Mrs. Mariamma - 1st defendant. Defendant No. 1 agreed to execute the registered sale deed to an extent of 2 acres 15 guntas of land situated at Moodala Dasapura Village in Channarayapatna Taluk, Hassaan District. Sale consideration agreed was Rs. 25,000/-. Out of which, Rs. 15,000/- was paid as advance and the remaining amount of Rs. 10,000/- was to be paid at the time of execution of the registered sale deed. As the 1st defendant did not execute the sale deed, plaintiff filed the suit on 13.01.1989. It transpires that after the agreement and before the suit could be filed, the 1st defendant executed a registered gift deed in respect of the very property in favour of her daughter - defendant No. 2 on 16.04.1986.

(3.) The Trial Court decreed the suit on 03.02.2000. Defendants were directed to execute the sale deed within three months by receiving Rs. 10,000/-. Aggrieved by this judgment and decree, defendants filed R.A. No. 21/2000. The appeal came to be renumbered as R.A. No. 173/2002. It was dismissed on 27.11.2006. Aggrieved by the same, a Regular Second Appeal was filed by the defendants in R.S.A. No. 473/2007. The second appeal was dismissed as withdrawn on 29.06.2007.