M. SURESH Vs. MAHADEVAMMA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 06.06.2011 passed in O.S.No.729/2008 on the file of the II Additional Senior Civil Judge, Mysore ('Trial Court' for short), whereby the suit of the plaintiff has been decreed in part with costs.

(2.) The parties are referred to as per their status before the Trial Court for the sake of convenience.

(3.) The plaintiff instituted O.S.No.729/2008 against the defendants seeking for the relief of specific performance of contract based upon the agreement of sale dated 15.05.2006. The suit property is the dry land bearing Sy.No.254/2, measuring 3 acres out of total extent of 4 acres 26 guntas situated at Hanchya Village, Kasaba Hobli, Mysore Taluk. The plaint averments are that the defendants are the owners of the suit property and the same is their ancestral property. They had offered to sell the same in favour of the plaintiff for a valuable consideration of Rs.9,40,000/- per acre, totally amounting to Rs.28,20,000/-. The plaintiff has agreed to purchase the same. Accordingly, the plaintiff and defendants entered into sale agreement on 15.05.2006 and the defendants had received a sum of 2,50,000/- from the plaintiff through a cheque drawn at Karnataka Bank, Bannur Branch towards advance amount with a covenant that the balance sale consideration amount shall be paid at the time of registration of absolute sale deed before the Sub-Registrar. It was agreed that the defendants shall execute the sale deed within five months from the date of they obtaining clear saleable title viz., No Objection Certificate, Survey Sketch from Taluk Office by fixing boundary stones with all other relevant documents which are necessary for registration. It was contended that subsequent to executing the agreement of sale, the plaintiff had approached the defendants and enquired about the compliance on the part of obtaining necessary documents from the Revenue Authority and demanded to execute the registered sale deed by receiving balance sale consideration of Rs.25,70,000/- as agreed thus expressing his readiness and willingness. However, the defendants failed to execute the registered sale deed. The plaintiff has caused notice expressing his readiness and willingness to perform his part of contract. Despite the same, the defendants did not come forward to execute the sale deed, but caused an evasive reply. Though it was assured by the defendants to execute the sale deed in the panchayath conveyed, but they failed to keep up the promise. On the other hand, the defendants are making efforts to sell the suit property in favour of third parties. Hence, the relief of specific performance of contract was sought by filing the suit.