DANDAIAH AND ORS. Vs. DANDA NAYAKA

JUDGEMENT

(1.) THE case of the plaintiff is that the suit schedule property originally belonged to one Siddamma, wife of Kali Dandana Dodda Chowda Nayaka and her son Chowdaiah of Udboor Village. Siddamma and Chowdaiah jointly executed an agreement of sale in favour of plaintiff on 18.07.1991 and agreed to sell the suit schedule property for a sum of Rs. 17,000/ - and they received an advance amount of Rs. 13,500/ - including the mortgage amount of Rs. 3,000/ - and Rs. 9,000/ - under an unregistered Mortgage deed dated 08.03.1990, 13.12.1990 and agreed to execute and register the sale deed on or before 30.01.1992. They put the plaintiff in possession of the suit schedule property.

(2.) SIDDAMMA and Chowdaiah were not inclined to execute and register the sale deed. That behind the back of the plaintiff, Siddamma and Chowdaiah sold 1 acre, 2 Vi guntas of land out of the suit land to the first defendant on 14.10.1991. Therefore, the plaintiff filed a suit in O.S. No. 312/1991 for specific performance of the contract and for cancellation of the sale deed of the defendant. Siddamma and Chowdaiah were arrayed as defendant Nos. 1 and 2 and the present defendant was arrayed as defendant No. 3. The suit was decreed on 20.06.1997 and it was held that the sale deed executed in favour of the defendant herein was not binding on the plaintiff. That defendant Nos. 1 and 2 were directed to execute a registered sale deed within four months from the date of the order. They did not do so.

(3.) THE defendants entered appearance and contended that the suit schedule property bears survey No. 521/2 and does not bear survey No. 521/5, which has been stated in Schedule 'B'. The description of the property is not correct. That the property originally belonged to Siddamma and Chowdaiah. The agreement to sell in favour of the plaintiff was denied and so also the payment made. They have never handed over the possession of the suit schedule property to the plaintiff.