SURESH Vs. MAHADEVAPPA SHIVAPPA DANANNAVA

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal was filed against the final judgment and order dated 17-02-2004 passed by the High Court of Karnataka at Bangalore in Criminal Revision Petition No. 932/2000 dismissing the said petition filed by the appellant-herein (accused No.1).

(3.) The short facts leading to the filing of the above appeal are narrated hereinbelow: Respondent No.1 is the complainant. According to the complaint, the appellant herein had executed an agreement to sell dated 25-12-1988 in respect of the house premises bearing No.120 K.H.B. Colony, Agrahara Dasarahalli, Bangalore in favour of the wife of the complainant-Renukamma and as per the said agreement a sum of Rs.1,25,000/- was paid as advance out of the total consideration of Rs. 2,50,000/- and the remaining amount was to be paid at the time of registration of sale deed. It is stated in the complaint that the second accused being the father of the first accused, the appellant herein was a member of the Karnataka Housing Board, who negotiated the transaction among the parties and in spite of several requests and demands made by the complainant it did not yield any fruits and that the first accused had sold the said property in favour of the wife of the fourth accused. It was further stated that the complainant approached all the accused persons several times for possession of the said premises and was ready to pay the balance sale consideration, but all the accused persons failed to discharge the obligations of the contract. Certain other averments have also been made in the complaint in regard to the receipt of Rs. 5 lacs from one Uma Belagavi and Nadigar for vacating the said premises on filing civil cases with which we are not presently concerned in this appeal. A legal notice dated 11-07-1996 was also issued by the complainant calling upon the appellant herein to execute the sale deed in respect of the premises in question. The appellant herein on 18-07-1996 replied to the said legal notice. He denied the very existence of the alleged agreement to sell. He also denied that he had ever received Rupees 1,25,000/- as consideration amount.