M CHOWDAPPA Vs. VENKATARAYAPPA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree in R.A.No.73/2000 dated 7.12.2005 on the file of the Civil Judge (Sr.Dn.)., Chintamani, confirming the judgment and decree in O.S.No.461/1991 dated 28.8.2000 on the file of the Principal Civil Judge (Jr.Dn.) & JMFC, Sidlaghatta. The appellant is the plaintiff in the suit and the respondents are the defendants.

(2.) THE plaintiff filed the above suit for specific performance of the agreement dated 21.11.1988. The contention of the plaintiff is that the defendants are the owners of the suit schedule property. They have entered into an agreement dated 21.11.1988 to sell the suit schedule property for a sale consideration of Rs.5,000/- after receiving a sum of Rs.4,500/- towards earnest money. Since the defendants failed to execute and register the sale deed, he has issued a notice dated 28.6.1991 calling upon the defendants to execute the sale deed by receiving the balance of Rs.500/-.

(3.) ON the basis of the rival pleadings of the parties, the trial Court has framed the relevant issues. The plaintiff got himself examined as P.W1 and three witnesses were examined as P.W2 to P.W4. Documents Ex.P1 to Ex.P3 were marked in their evidence. On behalf of the defendants, Smt.Sowbhagya, the legal representative of the deceased defendant-Venkatarayappa was examined as D.W1 and three other witnesses were examined on their behalf and documents Ex.D1 to Ex.D4 were marked in their evidence. On appreciation of the materials on record, the trial Court has dismissed the suit. Feeling aggrieved, the plaintiff filed an appeal in R.A.No.73/2000 on the file of the Civil Judge (Sr.Dn.) & JMFC, Chinthamani. The first appellate Court on re-appreciation of the oral and documentary evidence on record has dismissed the appeal.