G. BABY SAROJINI Vs. MURTUZASAB

JUDGEMENT

(1.) THIS second appeal is filed by defendant Nos. 2 to 5 in O.S. No. 112/2006, assailing the judgment and decree dated 6.3.2009, passed by the Civil Judge (Sr.Dn.) at, Gangavathi, which has been confirmed by the judgment and decree dated 18.4.2011, in R.A. No. 85/2009 by the Fast Track Court -I at Koppal.

(2.) FOR the sake of convenience, the parties shall be referred to in terms of their status referred to before the trial Court.

(3.) WHILE seeking the relief of specific performance, the plaintiff also sought an alternative relief for refund of the sale consideration amount of Rs. 2,50,000/ - to be paid with interest at the rate of 24% p.a. from the date of agreement till realisation. The plaintiff had also averred that he was ready and willing to perform his part of the contract, but defendant No. 1 went on postponing performance of his part of the contract. He entered into registered gift deed in the year 2005 in respect of the same property which was agreed to be sold to the plaintiff. Therefore, the plaintiff has sought the aforesaid reliefs.