D. P. Mohapatra, J. - (1.) The core of the dispute raised in these appeals relates to specific performance of the agreement dated 10-1-1968 for sale of land, entered into between the Hasankhan Shye Mohammed Khan (dead represented by L.Rs,) (hereinafter referred to as 'the owner') and the Hubli Dharwar Municipal Corporation (hereinafter referred to as the Municipal Corporation). Both the parties filed suits; the Municipal Corporation filed the suit for specific performance of the agreement of sale and the owner filed the suit for declaration of title to the property and for injunction. The trial Court dismissed both the suits.
(2.) Both the parties filed appeals before the district court. The first appellate court reversed the judgment of the trial Court dismissing the suit filed by the Municipal Corporation and decreed the said suit, and confirmed the judgment of the trial Court dismissing the suit filed by the owner.
(3.) The owner of the property filed two Second Appeals RSA No. 642/97 and RSA No. 650/97 challenging the Judgment and decrees passed by the first appellate Court. Both the Second Appeals were decide by the common judgment dated 11-12-1997 in which the appeals were allowed and the judgment/decree passed by the first appellate Court were reversed. Consequentially the suit filed by the Municipal Corporation for specific performance of the agreement of sale was dismissed and the suit filed by the owner of the property seeking declaration of the title and injunction was decreed. Further, on the prayer of the owner for amendment of the plaint to add the relief of recovery of possession of the property in dispute the High Court decreed the suit including the prayer for recovery of possession. Feeling aggrieved by the judgment of the High Court the Municipal Corporation filed these appeals assailing the same.;