M G MANJUNATH Vs. B H SRIDHARA

JUDGEMENT

(1.) THIS is defendant's appeal against the judgment and decree of the Trial Court while decreeing the suit of the plaintiff for specific performance of the agreement for sale.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred in the original suit.

(3.) AFTER service of notice, the defendant entered appearance and filed a detailed written statement contesting the claim of the plaintiff. In paragraph 2 of the written statement, it is categorically stated that the agreement for sale dated 25-4-1996 on the basis of which the suit is filed was never acted upon between the parties thereto. Therefore, the suit is not maintainable and liable to be dismissed in limine. He admits that the suit schedule property fell to his share in a partition in his family. However, he denied that he agreed to sell the property for family necessities and other domestic commitments. Documents were shown to the plaintiff since the plaintiff insisted the property as security for grant of loan when the defendant approached him for grant of hand loan. The defendant denies that he has executed an agreement for sale agreeing to sell the suit schedule property for a consideration of Rs.7,50,000.00. He denied that he received a sum of Rs. 1,00,000.00 under the agreement for sale by way of cheque. He further denied that he agreed to obtain conversion order in respect of the land in question. He denied that the plaintiff was ready and willing to perform his part of the contract. He denied receipt of Rs. 7,50,000.00 and he denied that he had received a sum of Rs. 28,500.00 in excess of the agreed amount.