MUNISANJEEVAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Petitioners are before this Court seeking for the following reliefs:

(2.) Sri.Munikrishnappa the husband of petitioner No.1 and father of petitioners No.2 and 3 had entered into an agreement of sale with one Sri.Khader Mohiddin on 3/4/1994 of purchase of land measuring Survey No.110/5 measuring 2 Acers 20 Guntas situated at Vartu village, Vartu Hobli by total sale consideration of Rs.4.00 lakhs and as on the date of the agreement had paid a sum of Rs.3,50,000.00 and the balance amount of Rs.50,000.00 was payable at the time of execution of the absolute sale deed.

(3.) The said Sri.Khader Mohiddin not having performed his part of the contract, Sri.Munikrishnappa had filed a suit in OS No.759 of 1995 for specific performance of the contract, during the pendency of the suit Sri.Munikrishnappa had expired, and as such, the petitioners were brought on record as his legal heirs in the said suit.