CHARAN KUMAR Vs. H.R. SATISH

JUDGEMENT

(1.) These two Regular Second Appeals are filed by defendant no.5 and defendant no.6 challenging the judgment and decree dtd. 17/2/2014 passed by the Senior Civil Judge & JMFC, Channapatna, in O.S.No.41/2012, which has been confirmed in R.A.No.19/2014 by the III Addl. District & Sessions Judge, Ramanagara, vide his judgment and decree dtd. 9/3/2016.

(2.) For the sake of convenience, the parties are referred to by the rank assigned to them in the court at first instance.

(3.) Brief facts of the case that would be relevant for the purpose of disposal of this appeal are, the plaintiff filed O.S.No.41/2012 before the Trial Court for the relief of specific performance of the agreement for sale dtd. 10/6/2010. It is the case of the plaintiff that defendants 1 to 3 being the owners of the suit schedule property and defendant no.2 as a representative and natural guardian of defendant nos.4 & 5 who are her children had executed an agreement for sale dtd. 10/6/2010 in respect of the suit schedule property for a sale consideration of Rs.6,45,000.00 and under the said agreement of sale, an advance amount of Rs.6,00,000.00 was paid by the plaintiff to the defendants and the defendants had agreed to execute the sale deed within four months from the date of the agreement and since they had failed to do so, the plaintiff had filed the suit for specific performance of the agreement for sale dtd. 10/6/2010.