SANJAY Vs. RAHIMBAKSHA RAFATULLA KHAN

JUDGEMENT

(1.) Aggrieved by the judgment and decree dated 31.10.2014 passed in O.S.NO.165/2012 by the Senior Civil Judge, Chikodi, the defendant therein has preferred this appeal.

(2.) The case of the plaintiff is that, the defendant is the owner of property bearing RS No.172/K situate at Borgaon village, Tal: Chikodi (hereinafter referred to as the suit schedule property) He agreed to sell the same in favour of the plaintiff for consideration of Rs.15,60,000/-. Accordingly on 28.9.2011, the plaintiff paid a sum of Rs.3,00,000/-, as earnest money deposit and an agreement was executed between the plaintiff and the defendant to that effect and balance sale consideration was agreed to be paid at the time of execution and registration of the sale deed. It was further agreed that the time for execution of the sale deed was a period of 11 months from the date of agreement. However, for the reasons best known to the defendant, he did not come forward to execute the sale deed. The plaintiff was constrained to issue a legal notice calling upon him to come and execute the sale deed. In spite of the said legal notice and the plaintiff approaching the defendant on several occasions, the defendant failed to execute the sale deed as agreed upon. Hence, the plaintiff filed O.S.No.165/2012 seeking specific performance of the contract dated 28.9.2011, wherein he sought for a direction to the defendant to accept the balance sale consideration and execute the sale deed or in the alternate the plaintiff prayed for a direction to the defendant to repay the earnest money with interest at 18% p.a.

(3.) On service of notice, the defendant has entered appearance and filed the written statement, wherein he has denied the execution of the sale agreement and has denied the entire transaction with the plaintiff. He has further contended that the property belongs to his father and not to himself and has also stated that the plaintiff was never ready and willing to perform his part of the contract.