S ABDUL KHADER Vs. ABDUL WAJID

JUDGEMENT

(1.) The special leave petition arises out of OS No. 8198 of 1995 filed by the petitioner herein for specific performance of an Agreement for Sale dated 18th May, 1995, executed by the respondent No. 1 in respect of the suit properties and for a direction upon the respondent to execute a sale deed in his favour and to deliver vacant possession of the suit land.

(2.) The case made out by the petitioner is that in view of the Agreement for Sale dated 21st February, 1995, executed by the respondent No. 1 in his favour for a total consideration of Rs. 4,30,000/-, he paid Rs. 1,00,000/- in cash to the respondent No. 1 as an advance towards the sale price when the said agreement was executed. Thereafter, several amounts were paid by the plaintiff to the respondent No. 1 amounting to Rs. 2,05,000/- in total. It was also mentioned in the plaint that the respondent No. 1 had projected himself to be the owner of the suit property, being site No. 18, in Survey No. 51/3A situated at Byrasandra 35th Division of Bangalore, having purchased the same from one Prasanth M. Kumar, who is now the respon dent No. 2 in the present Special Leave Petition. The respondent No. 1 assured the plaintiff that the suit property was free from all encumbrances and that the original sale deed executed by the respondent No. 2 was with the Deputy Commissioner on account of under valuation. The respondent No. l also assured the plaintiff that he would produce the original sale deed at the time of registration, together with the records from the Corporation after assessment to register the property, since regis tration could not be done without the said records.

(3.) According to the plaintiff, he believed and trusted the respondent No. 1 and waited till the end of October 1995, by which date the respondent No. 1 had assured the plaintiff that he would complete the sale transaction. The respondent No. 1, however, did not make any effort to complete the sale transaction in spite of repeated requests made to him by the petitioner to that effect, though the petitioner was always ready and willing to perform his part of the contract regarding payment of the balance of the sale price after deduction of the amount already advanced by him.