SARGUNAM Vs. CHIDAMBARAM

JUDGEMENT

(1.) This civil appeal, by grant of special leave, is directed against the judgment and order dated 24-2-1999 passed by the High Court of Karnataka in RFA No.464 of 1992 decreeing the suit filed by respondent No.1 herein in the Court of VIth Additional City Civil Judge, Bangalore, being Suit No. O.S. 8296 of 1980.

(2.) For the sake of convenience, the parties herein are referred to as they are arrayed in the trial Court.

(3.) The facts giving rise to this civil appeal are as follows:- By an agreement for sale dated 14-6-1979, R. Srinivasan, (since deceased) agreed to sell the suit premises bearing No.15/18/1, Cambridge Road, Ulsoor, Bangalore to Shri Chidambram (respondent No.1 herein) for a sum of Rs.16,000/-. Under the said agreement, Srinivasan agreed to complete the sale by 13-11-1979. Under the said agreement, the vendor agreed to sell the suit premises free from all encumbrances. The vendor agreed to deliver the title deeds to the plaintiff. On the execution of the agreement, the vendor received Rs. 3000/- from the plaintiff. However, the said vendor, defendant No.1, failed to carry out his obligations under that agreement. He failed to deliver the title deeds. He failed to clear the property free from encumbrances.