SHANTHA BAI PRABHU Vs. G M SHAHUL HAMEED

JUDGEMENT

(1.) defendant matti ranganatha prabhu, in o.s. No. 9/1981 on the file of the civil judge at mangalore. First respondent in the plaintiff.

(2.) plaintiff and the late matti ranganatha frabhu entered into an agreement on 2-09-1980 under which the deceased agreed to sell suit schedule property to the plaintiff for Rs. 1,09,000/-; on the date of agreement Rs. 30,000/- was paid by the plaintiff to the defendant, leaving a balance of Rs. 70,900/-. It is averred by the plaintiff that on 29-09-1980, he was put in possession of item No. 2 of the 'a' schedule property in part performance of the contract. Plaintiff issued a notice on 1-10-1980 calling upon the defendant to execute the sale deed. This was followed by yet another notice on 24-11-1980. Regarding his readiness to perform his part of the contract plaintiff stated thus in his plaint:

(3.) defendant admitted the execution of the agreement and the receipt of rs.30,000/-. He stated that he never intended to alienate the property. He was coerced to sign the document. He was willing to refund Rs. 30,000/- with interest. He contended that the property in question was a mulgeni land wherein his wife and children have interest by birth.