RAMESH Vs. GANGAPPA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the defendant, challenging the judgment and decree dtd. 17/12/2021, passed in R.A.No.28/2019 on the file of the Senior Civil Judge, Bailahongal (hereinafter referred to as 'the First Appellate Court', for brevity), confirming the judgment and decree dtd. 28/2/2019, passed in O.S.No.342/2015 on the file of the Addl. Civil Judge, Bailhongal (hereinafter referred to as 'the trial Court', for brevity), decreeing the suit of the plaintiff.

(2.) For the sake of convenience, the parties to this appeal shall be referred to in terms of their status and ranking before the trial Court.

(3.) It is the case of the plaintiff that, the defendant is the absolute owner of the suit schedule property, agreeing to sell the same to the plaintiff by executing a registered agreement of sale dtd. 15/5/2015 for total consideration of Rs.2,35,000.00 and on the date of the sale agreement, plaintiff paid Rs.2,00,000.00 towards advance amount to the defendant and same was acknowledged by the defendant. It is further averred in the plaint that, after the execution of the registered agreement of sale, defendant failed to execute the registered Sale Deed in favour of the plaintiff and as such, went on postponing the same. It is further stated that the plaintiff got issued notice dtd. 8/12/2015, calling upon the defendant to execute the registered Sale Deed. Hence, the plaintiff filed O.S. No.342 of 2015 before the trial Court seeking the relief of specific performance of the registered Agreement of Sale dtd. 15/5/2015.