P VEERAPPA Vs. M A MOHAMMAD AMANULLA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel on both sides. This appeal is filed against the order dated September 23, 1991 made by the Karnataka High Court in C.R.P. No.3019/87. The fact are clearly not in dispute. They are stated as under:

(3.) The appellant was a tenant prior to 1959. In 1959, the appellant had entered into an agreement with the respondent to purchase the premises for some consideration. Since the appellant claimed that the respondent was not willing to perform his part of the contract, he laid the suit for specific performance. In the suit, the parties ultimately had compromised the dispute and agreed to enhance the consideration to a sum of Rs.38,000/- payable within the specific time. Unfortunately, the appellant had not paid the amount within the agreed time which put an end to the rights asserted by the appellant under the contract.