ABDUL RASHID Vs. SUGANDA KAMLAKAR KUDTARKAR

JUDGEMENT

(1.) THIS Regular First Appeal is by the plaintiff in O. S. No. 29 of 1997, on the file of the Civil Judge (Sr. Dn.), Sirsi, dismissing the suit of the plaintiff for recovery of possession of the suit schedule property and for mesne profits.

(2.) THE plaintiff had sought for recovery of the possession of the suit schedule property and for damages for the use and occupation by the defendant on the premise that though there was an agreement dated 1-5-1989 (Ex. P1) between the parties, by which the plaintiff agreed to sell the suit schedule property to the defendant for a consideration of rs. 69,000/-, the plaintiff had repudiated the contract with the defendant for not performing his part of the obligations under the contract and therefore the plaintiff was not only entitled for possession but also for the mesne profits from the date of repudiation of the contract till the date of recovery of possession of the suit schedule property.

(3.) LEARNED trial Judge, taking the view that the plaintiff had not made good his case that the defendant was the cause for the agreement not coming through and further the plaintiff having failed to make home his case that the defendant had failed to perform his part of the contract, dismissed the suit. Aggrieved by the said judgment and decree, the present appeal.