JAINABU Vs. ANITHA REGO

JUDGEMENT

(1.) This appeal is filed by the second defendant in O.S. No. 88/2008.

(2.) Respondent Nos. 1 and 2 herein as plaintiffs in O.S. No. 88/2008 filed a suit for specific performance of the sale agreement dated 09.08.2007 executed in their favour by respondent No. 3 herein (defendant No. 1 in the original suit). Under the said agreement, the original defendant No. 1 agreed to sell a total extent of 4 acres of land comprised in Sy. Nos. 12/13, 12/20, 12/21, 12/20, 12/8, 12/23, 12/19 of Amblamogaru village, Mangaluru Taluk, Dakshina Kannada to the plaintiffs for a total consideration of Rs. 13.00 lakhs at the rate of Rs. 3,250/- per cent. Clause 4 of the aforesaid agreement stipulated that the vendor viz., defendant No. 1 shall make out marketable title to the satisfaction of the purchasers including the vendor by producing all relevant documents such as, legal scrutiny report from Advocate Sri. M.V. Shankar Bhat, Mangaluru, Release letter from the bank in which the schedule property was mortgaged, R.T.C., death certificate of Narayana Shetty and his wife, survival certificate of Avanthi Shetty, Narayana Shetty etc., all at his cost before registration. The time for registration and execution of the sale deed was fixed within three months from the date of the aforesaid agreement.

(3.) The case of the plaintiffs is that they were always ready and willing to perform their part of the contract by paying balance sale consideration, as agreed. However, defendant No. 1 in order to avoid execution and registration of the sale deed, unnecessarily delayed execution of the sale deed. On coming to know that defendant No. 1 was attempting to alienate the suit schedule property clandestinely in favour of third parties, plaintiffs issued a public notice dated 12.06.2008 in Udayavani Kannada Daily Newspaper and also lodged a complaint against defendant No. 1 before the police on 14.06.2008.