SRINIVASAIAH (CONTRACTOR) Vs. MUNIVENKATAPPA

JUDGEMENT

(1.) The defendant in O.S.No.176/1999 on the file of the Principal Civil Judge (Jr.Dn.) & JMFC, Anekal, has preferred this second appeal challenging the judgment and decree passed by the Fast Track Court-III, Bangalore Rural District, Bangalore, in R.A.No. 60/2005, wherein it has allowed the appeal filed by the plaintiffs and set aside the judgment and decree passed by the trial Court in O.S.No.176/1999 and consequently, decreed the suit of the plaintiffs for specific performance of agreement to sale, by directing the defendant to execute sale deed relating to the plaint schedule property in favour of the LRs. of the original plaintiff by receiving the balance sale consideration of Rs.150/-.

(2.) Heard the learned Counsel for the appellant/defendant and the learned Counsel for the respondents/plaintiffs. Perused the judgments and decrees passed by the Courts below including the lower Court records.

(3.) Sri. C.Pattabhiram, the learned Counsel appearing for the appellant/defendant submits that the judgment and decree passed by the first appellate Court is opposed to law, facts, material and all probabilities of the case.