SHANKARGOUDA AND ORS. Vs. K. TAYIKUMARI

JUDGEMENT

(1.) This Regular First Appeal is filed by the defendants challenging the Judgment and Decree dated 30.04.2015 passed by the Senior Civil Judge, Gangavathi, in O.S. No.12/2009 by which the suit for specific performance was decreed.

(2.) For the sake of easy understanding, the parties in this judgment are referred to as they were arrayed before the Trial Court. The appellants were the defendants while the respondent was the plaintiff before the Trial Court.

(3.) The suit filed by the plaintiff for specific performance of the agreement of sale dated 12.05.2008 discloses that the defendants were the owners of suit schedule properties and that they offered to sell the suit properties at the rate of Rs.45,000/- per acre (aggregating to Rs.16,35,750-00) so as to meet their legal needs and to pay the outstanding loan at State Bank of Hyderabad (ADB), Gangavathi, which they had availed by mortgaging the suit properties. The plaintiff had paid a sum of Rs.2,12,000/- to the defendants on 12.05.2008, the receipt of which was acknowledged by the defendants by executing an agreement of sale of the suit schedule properties. The defendants had agreed to execute a deed of absolute sale by receiving the balance sale consideration of Rs.14,23,750/-, from the plaintiff within four months and after clearing the outstanding loan at State Bank of Hyderabad, Gangavathi. It is stated that the defendant No.2 had agreed to get her name entered in the revenue records, that then was in the name of her husband. The possession of the suit schedule properties was to be delivered after a survey of the land and at the time of execution and registration of a deed of sale. The plaintiff claimed that the defendants received a further sum of Rs.1,00,000/- on 04.09.2008 and acknowledged the receipt on the agreement in the presence of the witnesses. It is stated that the plaintiff approached the defendants with the balance sale consideration and requested them to execute and register the sale deed. However, the defendants dodged the execution of the sale deed on one or the other reason. Since the defendants failed to conclude the contract as agreed, the plaintiff got a notice issued on 11.05.2009 calling upon the defendants to execute and register a sale deed by receiving the balance sale consideration of Rs.13,23,750/-. It is stated that the notice so issued was received by defendant No.6 but the other defendants had purposely not received it and the same returned unserved with the endorsement that they were out of station. The plaintiff, therefore, sought for specific performance of the agreement and also sought for alternate relief of refund of the earnest money of Rs.3,12,000/- along with interest at 24% per annum from the date of agreement till realization.