HANUMANTHAPPA GIRIYAPPA TALAVAR Vs. DATTATREYA BALAKRISHNA MALAGUND

JUDGEMENT

(1.) The present appeal is preferred by the appellant calling in question the judgment and decree passed in O.S.No.105/2001 on the file of the Civil Judge (Sr.Dn.) and JMFC, Hangal, vide judgment dated 01.10.2005, wherein the trial Court has decreed the suit of the plaintiff for specific performance, in part and directed the defendant to repay the earnest money of Rs.75,000/- with simple interest at the rate of 6% p.a. from 27.06.1998, till the date of realisation of the entire amount. The appellant has challenged the said judgment and decree on various grounds, which will be considered little later.

(2.) Before adverting to the grounds of appeal and the evidence adduced by the parties before the trial Court, it is just and necessary for this Court to bear in mind the brief factual matrix of the case as elucidated from the pleadings of the parties before the trial Court.

(3.) Being aggrieved by the said judgment, the present appeal is preferred.