ABDUL RAHIMANSAHEB Vs. PUTTAWWA

JUDGEMENT

(1.) THIS is a second appeal filed by the defendant in O. S. No. 582 of 1993 on the file of the learned Principal Civil Judge, Junior Division, Dharwad and it is directed against the confirming judgment in R. A. No. 49 of 2000 on the file of the learned Additional Civil Judge, Senior Division, Dharwad.

(2.) THE brief facts of the case was that the plaintiff filed the suit seeking possession of the suit schedule property on the ground that the defendant had entered into an agreement with the plaintiff and the defendant had filed a suit in O. S. No. 60 of 1980 for specific performance of the agreement and the suit was partly decreed directing the plaintiff to pay an amount of Rs. 7,000/- with interest. That the defendant/appellant herein challenged the decree in R. A. No. 88 of 1982 which was dismissed and thereafter, the appellant challenged the same in R. S. A. No. 967 of 1993 which was also dismissed confirming the judgment and decree of the lower Courts.

(3.) THE defendant mainly contested the suit on the ground under section 53-A of the Transfer of Property Act by contending that in view of the admitted agreement in his favour executed by the plaintiff, he has got right to protect his possession. Both the Courts below have negatived the said contention and directed the defendant to deliver possession to the plaintiff.