SHARANABASAPPA Vs. MADHUKAR RAO

JUDGEMENT

(1.) This regular first appeal arises out of the judgment and decree dated 29.07.2019 passed in O.S.No.139/2018 by II-Additional Senior Civil Judge, Kalaburagi, in terms of which the agreement of sale dated 18.06.2015 executed by the plaintiff in favour of the defendant was ordered to be rescinded.

(2.) The defendant is in appeal before this Court.

(3.) The facts as found from the judgment and decree of the trial Court are that the plaintiff had executed an agreement of sale dated 18.06.2015 in favour of the defendant agreeing to convey the suit property for a total consideration of Rs.12,50,000/- and the defendant had paid a sum of Rs.50,000/- as part of the sale consideration. The balance sale consideration was to be paid in two installments namely, Rs.6,00,000/- on 25.12.2015 and Rs.6,00,000/- on or before Ugadi festival in the year 2016. It is stated that the agreement was to be concluded after obtaining the relevant sketch in Form 11-E and survey map in respect of the suit property so as to aid the execution and registration of a deed of absolute sale. The plaintiff claimed that though time was fixed for performance of the part of the defendant, yet he did not pay the balance sale consideration which compelled the plaintiff to issue a notice dated 26.03.2018 cancelling the agreement of sale dated 18.06.2015. Since the agreement in question was registered in the office of Sub-Registrar, the plaintiff thought it fit to file appropriate suit in O.S.No.139/2018 for rescission of the agreement of sale. The summons in the suit was served on the defendant who entered appearance through an advocate but the defendant failed to file his written statement. He also failed to cross-examine the plaintiff's witness and did not adduce any evidence. It was therefore, inevitable for the trial Court to decree the suit and rescind the agreement of sale dated 18.06.2015 by the impugned judgment and decree.