ARYAMBA AND ANOTHER Vs. A. GOVINDAN AND OTHERS

JUDGEMENT

(1.) THIS appeal is by the defendants against the judgment and decree in O.S. No. 5150/1988 dated 16th August 2003 on the file of City Civil Judge, Bangalore.

(2.) PARTIES are referred to as per their ranking in the trial Court.

(3.) PLAINTIFF ™s case is that, he had a enlarged family and he wanted to sell his house to buy a bigger one, he came in contact with the defendants, who were in need of funds for family necessities, to discharge some loans in Karnataka Housing Board and to meet the expenses to put up upstairs construction in their own property. Deceased defendant No. 1 entered into an agreement on 11.2.1988 agreeing to sell the suit schedule property for consideration of Rs. 1,52,500/ -. Out of the total sale consideration, Rs. 54,500/ - was received as a part of advance sale consideration by means of cheque. Plaintiff was to pay balance of sale consideration of Rs. 98,000/ - on the date of registration of the sale deed. The said transaction was to be completed within six months. Plaintiff also agreed to bear the expenses of registration charges, stamp duty and preparation of sale deed, plaintiff was always ready and willing to discharge his part of contract including payment of balance sale consideration and he had kept the money ready, and is deposited in Indian Bank, Avenue Road Branch, under the deposit receipt dated 28.7.1988. However, under the agreement, defendants had agreed to secure possession certificate, sale deed, khata certificate, tax paid receipts from the Karnataka Housing Board. When the defendants did not hand over the documents, on account of the delay caused by the defendants in handing over the possession of the property and concluding the registration of the sale deed, plaintiff was constrained to issue notice dated 4.5.1988, 3.8.1988 and 19.8.1988 to the defendants, calling upon them to produce the documents to prepare formal sale deed and to conclude the registration by accepting the balance of sale consideration.