P. NARENDRA Vs. KATTA SUBBA RAO

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 16.08.2016 in O.S No.166/2012 on the file of the I Addl. Senior Civil Judge, Ballari, by which suit of the plaintiff came to be decreed with cost, directing defendant Nos.1 and 2 to execute registered sale deed in favour of plaintiff in respect of suit schedule properties after receiving balance consideration of Rs.1,75,000/- from plaintiff and also to discharge the bank loan within 60 days from the date of the judgment and decree, failing which the plaintiff is at liberty to pay the outstanding bank loan with liberty to recover the same from defendant Nos.1 and 2 jointly and severally, further, if defendant Nos.1 and 2 fail to execute the registered sale deed, then plaintiff is at liberty to get it registered through Court, defendant Nos.1 and 2 have filed this appeal under Order 43 Rule 1 read with Section 96 of CPC.

(2.) For the sake of convenience the parties are referred to their rank before the Trial Court.

(3.) It is the case of the plaintiff that defendant Nos.1 and 2 are the owners of suit schedule properties i.e., item Nos.1 and 2 respectively and they jointly agreed to sell the suit schedule properties for a sum of Rs.17,25,000/- and on 02.06.2008 they have executed a sale agreement by receiving Rs.4,50,000/- and they agreed to execute the regular sale deed within a period of three months i.e., on or before 02.09.2008 at the cost of the plaintiff, after discharging the bank loan and getting the land surveyed. The plaintiff has further contended that, within a period of three months, defendant No.1 approached the plaintiff with a request to extend the period fixed for the execution of the sale deed and requested plaintiff to pay further sum of Rs.6,00,000/- and after receipt of the said sum, he has endorsed on the back side of the sale agreement by extending the period by six months.