GURAPPA Vs. BASAVARAJ

JUDGEMENT

(1.) This appeal under sec. 100 of the Code of Civil Procedure is filed against the judgment and decree dtd. 29/7/2008 passed by the Additional Civil Judge (Sr.Dn) Gadag in R.A.No.46/2004 reversing the judgment and decree dtd. 27/8/2003 passed by the Civil Judge (Jr.Dn) and JMFC, Laxmeshwar in O.S.No.147/1992.

(2.) Parties are referred as per their ranks before the trial court for the sake of convenience.

(3.) The defendant is in appeal. Plaintiff filed a suit for specific performance of agreement of sale dtd. 13/12/1989. The plaint averments in brief are that the defendant, who is the owner of the suit property, executed agreement of sale in favour of the plaintiff agreeing to sell the suit property for total sale consideration of Rs.30,000.00 and out of the same, Rs.21,000.00 was paid as an advance sale consideration, the receipt of which was duly acknowledged by the defendant. It was further contended that though the plaintiff was ready and willing to perform his part of contract to get the registered sale deed executed by paying balance sale consideration amount of Rs.9,000.00 to the defendant, the defendant was not ready to perform his part of contract to execute registered sale deed in favour of the plaintiff by receiving the balance sale consideration. Hence, the suit.