VEERANNA S/O KALLAPPA WALI Vs. BASANAGOUDA

JUDGEMENT

(1.) This appeal of the 2nd defendant arises out of the judgment and decree dated 02.11.2017 passed by the Principal District Judge, Dharwad in R.A. No.271/2017. By the impugned judgment and decree, the f irst appel late court has reversed the judgment and decree passed by the IV Additional Senior Civi l Judge, Dharwad in O.S. No.277/2004 on 22.08.2017 and decreed the suit for specif ic performance.

(2.) Respondent No.1 was the plaintiff and respondent No.2 was the 1st defendant in O.S. No.277/2004. The subject matter of the suit was the land bearing R.S. No.51 measuring 3 Acres 3 Guntas situated within the l imits of Pudakalakatti vi l lage of Dharwad Taluk.

(3.) Plaintiff fi led the O.S. No.277/2004 contending that the defendant No.1 has executed Ex.P-1/agreement of sale dated 22.04.1997 agreeing to sel l the said property for consideration of Rs.2,00,000/- and put him in possession. He further contended that the defendant No.1 was reluctant to execute the sale deed, thus, sought for decree of specific performance of the agreement dated 22.04.1997.