R. GANGADHARAPPA Vs. KONDLA NANJAMMA

JUDGEMENT

(1.) The plaintiff, in a suit for specific performance of contract, is the appellant in this second appeal. Suit was decreed with cost and the defendant was directed to execute a registered sale deed as per the Agreement of Sale in favour of the plaintiff by receiving the balance sale consideration of Rs. 15,000/-. The appeal filed by the defendant was allowed and the suit was dismissed by the Lower Appellate Court. Assailing the said Decree, this second appeal was filed by the plaintiff. For convenience, the parties will be referred with reference to their rank in the suit.

(2.) The plaintiff's case, in brief is that:

(3.) The defendant filed written statement and denied the averments made in the plaint and contended that the agreement, even if it is assumed to have been executed, is void, since the suit schedule property is not alienable for a period of 15 years. Bar of limitation and other defences were also taken.