GUNDAMMA Vs. SURA NETTAPPA

JUDGEMENT

(1.) O.S.No.230/1996 was instituted in the Court of Prl. Civil Judge (Jr.Dn.), Bellary by Sura Nettappa against Smt. Gundamma and others, to pass a decree and direct the defendants to execute a registered sale deed in respect of suit schedule land by receiving balance sale consideration of Rs. 1,500/-. Defendants filed written statement and contested the suit. Six issues were raised by the Trial Court. Both parties adduced evidence. Upon consideration of rival contentions, suit was decreed for the alternative relief of refund of advance amount of Rs. 18,900/- with interest at 6% p.a. from 10.06.1984.

(2.) Assailing the said decree, legal representatives of deceased plaintiff filed R.A.No.4/2009 in the Court of Prl. Senior Civil Judge & CJM, Bellary. Legal representatives of deceased defendant No.1 filed Cross Objection. The appeal was allowed and impugned Judgment and Decree was set aside and the suit was decreed directing the defendants to execute sale deed in favour of the plaintiff by receiving balance sale consideration. Being aggrieved, legal representatives of the deceased defendant No.1, filed this appeal.

(3.) Perused the record. Substantial question of law for consideration is, whether the lower Appellate Court is justified in allowing the appeal, without consideration of the cross objection filed in the case