P S RANAKRISHNA REDDY Vs. M K BHAGYALAKSHMI

JUDGEMENT

(1.) DEFENDANT No. 1 in the suit is Appellant before us. He was admittedly owner of a residential house admeasuring 40 ft. x 30 ft bearing No. 148 (New Plot No. 78), 8th Cross, N.R. Colony, Bangalore. Respondent No. 1 has been in possession of the suit property as a tenant on a monthly rent of Rs. 115/-. The appellant admittedly had taken loan from Respondent No. 1 herein from time to time, the details whereof are as under : <FRM>JUDGEMENT_223_JT4_2007Html1.htm</FRM>

(2.) ADMITTEDLY, the parties entered into an agreement for sale on 11.05.1979. The aforementioned sum of Rs. 15,000/- received by the appellant was treated to be the amount of advance paid out of the amount of consideration fixed in the said agreement of sale i.e. Rs. 45,000/-. The relevant terms of the said agreement are as under :

(3.) APPELLANT was called upon to execute a registered deed of sale on receipt of the balance amount and as he did not agree thereto, the respondent No. 1 filed a suit for specific performance of the said agreement of sale dated 11.05.1979.