NAMAREDDY Vs. BASAVANTAPPA

JUDGEMENT

(1.) The defendants, a father and son, are in the second appeal.

(2.) Basavantappa Devappa Hosamani, the respondentplaintiff, filed a suit seeking to enforce an agreement of sale dated 09.06.2002 by which, according to him, the defendants had executed the agreement of sale, agreeing to sell the suit property for sum of Rs.1,50,000/- and in part performance of the said contract, he had paid Rs.90,000/- and was also put in to the possession over the suit property.

(3.) He contended that since the date of agreement of sale he was in possession and was also paying the land revenue and despite several requests made to the defendants they had refused to execute the sale deed and he had also issued a legal notice dated 10.04.2005 calling upon them to receive the balance amount and execute a registered sale deed but they had not acceded to the said demand. In the suit, he stated that he has ever ready to pay the balance amount of Rs.60,000/- or to deposit the same into the Court, but since the defendants had not been accepted the said request and not executed the sale deed, he was forced to file a suit.