B RAMESH Vs. LALITHA

JUDGEMENT

(1.) The Appellant who was Defendant No. 1 in the suit is challenging the judgment and decree passed by the XXII Additional City Civil Judge, Bangalore on 30th July 2003 in O.S. No. 6062/1999.

(2.) The brief facts leading to this appeal are:

(3.) The Defendant contested the suit. He admitted his relationship with the Plaintiffs and he also admitted that properties were possessed by Anantha Bhatta, but he denied the extent of land held by Anantha Bhatta including the income from the agricultural lands as stated in the plaint. According to him, Anantha Bhatta had entered into an agreement of purchase in respect of item No. 1 plaint schedule properties from Shankar Mutt for a sum of 48,840/- and that he had no funds to purchase the same though he was interested to purchase a house in Bangalore. Under the circumstances, he sold a house situated at Koppa -Narve in Chikkamangalur District from and out of the said sale consideration and a sum of 21,000/- was paid as advance sale consideration to Sri. Sringeri Mutt and as he could not pay the balance sale consideration, Sri. Sringeri Mutt refused to execute the sale deed. In the circumstances, the Anantha Bhatta was constrained to file a suit in O.S. No. 3495/1987 on the file of the Additional City Civil Judge, Bangalore to enforce the agreement of sale.