T N ARUN KUMAR Vs. SHIVANNA

JUDGEMENT

(1.) The appellants are questioning the legality and correctness of the judgment and decree passed by the Civil Judge (Sr. Dn.), Devanahalli in OS No. 314/2007 dated 23rd March 2010. The appellants were defendants in the suit. The respondent Nos. 1 and 2 were the plaintiffs before the Court below. Facts leading to this case are as hereunder: Under an agreement dated 16.06.2006 the defendants agreed to sell the suit property in favour of the plaintiffs for a sum of Rs. 10,00,000/- was paid as advance sale consideration and that the plaintiffs agreed to pay the remaining consideration of Rs. 15,50,000/- one day prior to the registration. 90 days was stipulated to complete the transaction. In order to enforce the agreement of sale dated 16.06.2006 the suit was instituted by the plaintiffs with a request to direct the defendants to execute the sale deed by receiving the balance sale consideration contending that the plaintiffs were ready and willing to pay the entire sale consideration and that the defendants have failed to execute the same.

(2.) The defendants contested the suit. They admit their ownership to the suit property. They deny that the plaintiffs were allowed to cultivate the land as tenants and they assured that they are going to pay the sale consideration. They admit the execution of the agreement of sale and also the receipt of Rs. 10,00,000/-as advance. According to them plaintiffs did not pay the balance sale consideration of Rs. 15,50,000/- a day prior to the expiry of ninety days as stipulated under the agreement of sale. Therefore, it was contended that they have forfeited for the advance amount of Rs. 10,00,000/- by cancelling the agreement. They also raised several other defences and ultimately they requested to dismiss the suit.

(3.) Based on the above pleadings the following issues were framed by the Court below: