D S THIMMAPPA Vs. SIDDARAMAKKA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) The appellant had two sale deeds Dated April 24, 1968 and July 20, 1968 executed by the respondent transferring the schedule property. On the later date, i. e., July 20, 1968, an agreement of reconveyance was also executed by the appellant with a stipulation that in the event of the respondent repaying Rs. 5,000/- within eight years from that date in one lump sum, she would be entitled to have the sale deed executed and registered in her favour. It is the case of the respondent that before the expiry of eight years, some time in June 1976, she had approached the appellant but he avoided the reconveyance. Consequently, she requested her lawyer to issue a notice which came to be issued to the appellant to be present before the sub-Registrar had issued notice calling upon the appellant to be present in the sub-Registrar's office. Although he received the notice, he was not present to receive the amount and facilitate registration of the sale deed on July 20, 1976. Consequently, the suit for specific performance came to be filed.