NEELAPPA NAIK Vs. RATNAVATHI AND ORS.

JUDGEMENT

(1.) Aggrieved by the concurrent findings recorded by both the Courts below in decreeing the plaintiffs' suit for specific performance, the defendant has filed this appeal.

(2.) The parties will be referred to as per their rank in the trial court.

(3.) Defendant No. 3 denied the plaint averments and contended that the children of Aithappa Naik divided the 'A' schedule property, cannot be accepted. That no partition had taken place. That the agreement dated 14 -12 -1983 is not enforceable. That it is opposed to public policy, namely, the Schedule Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands)Act. Hence, sought for dismissal of the suit.