On April 1, 1960 the respondent filed a statement in the Court that, barring lands which were liable to be excluded in determining whether the holding exceeded the ceiling, he was in possession of 11 acres 1 guntha of jirayat land.
Appeal from the judgment and decree dated August 20, 1964 of the Mysore High Court in Regular Appeal No.
The agreement was dated July 20, 1958.
C. Chagla, B. P. Singh and R. B. Datar, for the appel lant.
V. Gupte, N. D. Mandigi and Bhuvanesh Kumari, for the respondent.
The trial companyrt and the High Court have companycurrently found that the appellant failed to prove that the companytract was abandoned by mutual agreement, and numberhing more need be said about the plea raised by the appellant.
The trial companyrt dismissed the suit holding that the agreement, if enforced, would result in transgression of the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948.
257 of 1960.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In appeal, the High Court of Mysore granted a decree for specific performance.
932 of 1965.
5 12 of village Pattihal in District Belgaum, Mysore State, admeasuring 41 acres 26 gunthas of jirayat land for Rs.
The appellant having failed to execute a companyveyance of the land, the respondent companymenced an action in the Court of the Civil Judge, Senior Division, Belgaum, for a decree for specific performance of the agreement and for possession of the land.
With certificate granted by the High Court, this appeal has been preferred by the appellant.
The Judgment of the Court was delivered by Shah, J The appellant agreed to sell to the respondent Survey Nos.
32,000/ .
