H. R. SUBRAMANYA SHASTRY Vs. K. MOHAN KUMAR

JUDGEMENT

(1.) The defendants have filed the present regular first appeal against the impugned judgment and decree dated 11.2.2013 made in O.S.No.80/2010 on the file of the I Additional Senior Civil Judge and CJM., Shivamogga decreeing the suit of the plaintiff with cost and directing the defendant to execute the registered Sale Deed in favour of the plaintiff by receiving the balance sale consideration within two months time from the date of the impugned judgment and decree, failing which, the plaintiff would be at liberty to take steps in accordance with law.

(2.) The parties herein are referred to as per their rankings before the trial Court. I The brief facts of the case

(3.) The respondent-plaintiff filed a suit for specific performance for enforcement of oral agreement dated 10.4.2010 contending that the defendants are joint owners of the suit property morefully described in the schedule to the plaint. After negotiation, the defendants entered into an oral agreement dated 10.4.2010 agreeing to sell the schedule property for sale consideration of Rs.40,11,000/- (Rupees Forty Lakhs Eleven Thousand Only) to the plaintiff and in pursuance of the same, the plaintiff paid a sum of Rs.5,11,000/- (Rupees Five Lakhs Eleven Thousand Only) as earnest money to the defendants and the defendants promised to complete the sale transaction by executing the registered Sale Deed in his favour after acknowledgement of the balance sale consideration of Rs.35,00,000/- (Rupees Thirty lakhs only). It was further contended that the plaintiff had paid the said amount to the defendants by way of cash as well as through the cheque bearing No.600969 dated 10.4.2010 for a sum of Rs.2,00,000/- drawn on Canara Bank, Main Branch, Nehru Road, Shivamogga in favour of defendant No.1 which was acknowledged by him and also on behalf of defendant Nos.2 to 4. In turn, the defendants had also promised to execute the registered Sale Deed within 30.4.2010 in favour of the plaintiff by receiving the balance sale consideration.