BASAPPA MUNOLI Vs. BALRAJ MITTAL

JUDGEMENT

(1.) Appellant who was defendant in OS No. 16371/2003 has preferred this appeal being aggrieved by the judgment and decree dated 16.8.2005 passed by the 28th AddI. City Civil Judge, Bangalore, wherein the trial Court has decreed the suit of the respondent-plaintiff thereby directing the appellant- defendant to execute the sale deed in respect of the suit schedule property by receiving the balance sale consideration in terms of the agreement dated 11.12.2002 at the costs of the plaintiff and if the defendant fails to execute the sale deed, liberty is granted to the respondent-plaintiff to deposit the balance sale consideration within two months and get the decree executed in accordance with law.

(2.) For the sake of convenience parties would be referred to as per their status before the Court below.

(3.) According to the plaint averments, defendant being the absolute owner of the suit property intended to sell the schedule property for a valuable sale consideration and was in search of a prospective buyer. Plaintiff offered to purchase the schedule property and after mutual negotiation contract was concluded on 11.12.2002 and that the plaintiff agreed to purchase the suit property for a consideration of Rs.44,61,000/- and a sum of Rs.10,61,000.00 was paid as advance. Out of which Rs.10,50,000.00 was paid by means of a cheque dated 11/12/2002 drawn on Punjab National Bank, RMV Extension, Bangalore, a sum of Rs.11,000.00 was paid in cash. Defendant handed over zerox copies of documents of title and also encumbrance certificate pertaining to the plaint schedule property.