T KRISHNA MURTHY Vs. GANGADHARIAH

JUDGEMENT

(1.) The appellant has challenged the decree for specific performance granted against him on the suit instituted by the respondent.

(2.) The facts relevant for the purpose of this appeal are as under:

(3.) The defendant failed to comply the terms of the agreement despite the readiness on the part of the plaintiff to pay the remaining sale consideration of Rs. 35,000/- and as such, the plaintiff issued a legal notice dated 29.7.1987 calling upon him to perform his part of the contract. After the receipt of the notice, the defendant gave reply denying the execution of the agreement of sale and plaintiff waited for sufficient time and also made a personal approach to the defendant to execute the sale deed, who went on postponing the same and did not execute the document as agreed upon. The defendant also furnished the Xerox copies of the possession certificate, khatha certificate, allotment letter, tax paid receipts etc., obtained from the Bangalore Development Authority and as defendant was to obtain the sale deed and Encumbrance Certificate in his favour and to keep the property vacant for the execution of the sale deed, the plaintiff was waiting for the same.