NARASIMHAMURTHY Vs. NARASAIAH

JUDGEMENT

(1.) This Regular Second Appeal is filed by the plaintiff, challenging the judgment and decree dtd. 3/3/2015 passed in Regular Appeal No.107 of 2012 on the file of the II Additional Senior Civil Judge and JMFC., Tumakuru (for short, hereinafter referred to as 'First Appellate Court'), allowing the appeal and setting aside the judgment and decree dtd. 31/8/2012 passed in Original Suit No.415 of 1997 on the file of the III Additional Civil Judge, Tumakuru (for short, hereinafter referred to as 'Trial Court'), wherein the suit of the plaintiff came to be decreed against the defendants.

(2.) For the sake of convenience, parties in this appeal are referred to as per their ranking before the Trial Court.

(3.) It is the case of the plaintiff that, the defendants are the absolute owners of the suit schedule property and have entered into a Sale Agreement with the plaintiff on 15/7/1985, agreeing to sell the suit schedule property to the plaintiff for a valuable consideration of Rs.3,500.00. The defendants have received the entire sale consideration amount and delivered the possession of the suit schedule property to the plaintiff. It is further averred in the plaint that, since there was a bar for sale of land under the provisions of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 (for short hereinafter referred to as 'Fragmentation Act'), defendants have postponed the execution of the registered Sale Deed with a condition to execute the registered Sale Deed only after the amendment made to the Fragmentation Act. It is further stated in the plaint that the plaintiff made a request for execution of the registered Sale Deed, however, the same was not accepted by the defendants and as such, the plaintiff has field instant suit seeking relief of specific performance of the Sale Agreement dtd. 15/7/1985.