CHIKKA VENKATAMMA Vs. R NAGARAJA

JUDGEMENT

(1.) This is the defendants second appeal arising out of the judgment and decree dated 1.10.2004 in RA No.15/1999 passed by the Addl. District Judge, Chikk-aballapura. By the impugned judgment, the first Appellate Court has allowed the appeal, set aside the judgment and decree of the trial Court and decreed the suit of the plaintiff for specific performance of the agreement of sale.

(2.) Appellants 1 and 2 are defendants 2 and 3 before the Trial Court. Their mother Chikka Venkatamma was the 1st defendant. She died during the pendency of the first appeal. Therefore, the present appellant No.3 was brought on record in the first appeal as respondent No. The respondent is the plaintiff before the trial Court.

(3.) The plaintiff filed O.S.No.452/1992 against the defendants Chikka Venkatamma, Thimmaiah- appellant No.1 and Venkatapaty-appellant No.2 for specific performance of agreement dated 1.10.1986.