GOVIND N. MALU Vs. CHOWDAIAH

JUDGEMENT

(1.) In RSA No.642/2009 and RSA No.641/2009, the appellant is questioning the divergent findings in RA Nos.22/2009 and 26/2009 respectively on the file of the Principal District Judge, Bengaluru Rural District, Bengaluru. In terms of the impugned judgment and decree dtd. 17/2/2009 by allowing the appeal filed by defendants No.1 and 2, the suit for the specific performance of the contract is dismissed.

(2.) The suit in O.S. No.5/2005 was filed by the present appellant for the relief of specific performance of the contract dtd. 4/10/2004. Though there is no specific reference to the date of the agreement in the prayer, from the pleading it is apparent that the suit is filed to enforce the contract dtd. 4/10/2004 executed by the 1st defendant.

(3.) The subject matter of the suit is an agricultural land bearing Sy. No.250 measuring 4 acres situated at Kadanoor Village, Doddaballapur Taluk. The plaintiff has sought relief against the first defendant who executed the agreement for sale agreeing to sell the property at a price of Rs.1,80,000.00 per acre. Plaintiff claims to have paid Rs.2,00,000.00 as advance. Plaintiff was supposed to pay Rs.5,20,000.00. The second defendant is arrayed as he had purchased the suit schedule property from the plaintiff under the registered sale deed dtd. 6/12/2004 which is registered on 8/12/2004. Admittedly, the defendant had purchased the property before the suit.