- (1.) These two appeals are directed against common judgment and decree dated 11.3.2002 made in RSA No.63/99 and 64/99 made by the High Court of Karnataka at Bangalore, by which the High Court has allowed the Second Appeals filed by the respondents herein.
(2.) The suit in OS 133/82 was filed by deceased Hanumappa Channappa Hullur for seeking decree for specific performance of contract on the strength of agreement of sale dated 15.10.1981 executed by defendant No.1 in his favour in respect of the suit land RS 80/1-2/A measuring 11 acres and 24 guntas situated in Adavisomapur village in Gadag Taluk restraining the defendants from interfering in their possession and enjoyment of the suit land and alternatively for refund of earnest money of Rs.53,000/- received by defendant No.1 with interest and damages. The suit in OS 136/82 was filed by defendants 2 and 3 in OS 133/82 against the plaintiff-Hanumappa Channappa Hullur for seeking decree of declaration that the agreement of sale dated 15.10.1981 said to have been executed by their father-Paramma is not binding on them and their one-third share in the suit land and for grant of consequential relief of permanent injunction restraining Hanumappa Channappa Hullur from interfering in their possession and enjoyment of the suit land.
(3.) It is the case of Hanumappa Hullar, that the suit land belongs to Parappa as it is his self acquired property and he for the sake of legal necessity, i.e. for purchasing the land at Kanavi village offered to sell the land to him. Hence he agreed to purchase the same for Rs. 72,000/- and paid a sum of Rs. 53,000/- as earnest money and Parappa received the same and executed an Agreement on 15.12.1981 and on the same day delivered possession of the land and since then he is in possession and enjoyment of the same. But the said Parappa failed to receive balance consideration amount of Rs.19,000/- and execute sale deed as agreed before the end of May 1982, along with his two sons. So, he gave notice on 24.5.1982 calling upon them to perform their part of contract, since he was ready and willing to perform his part of contract. Sons of Parappa gave reply to that notice and did not perform their part of contract.;