D.GANESH Vs. RAJANNA

JUDGEMENT

(1.) This appeal is filed by the plaintiff challenging the judgment and decree dtd. 26/10/2011 in O.S.No.6581 of 2002 on the file of 25th Additional City Civil Judge and Sessions Judge, Bengaluru.

(2.) It was the case of the appellant before the Trial Court that respondents being the owners of the suit property agreed to sell the suit property for Rs.7,12,500.00 and executed an agreement of sale dtd. 25/9/1998 and received earnest money of Rs.65,000.00 as on that date. Thereafter, as per the demands of the defendants, they have received Rs.2,15,000.00 on 18/12/2000 and in all, defendants received Rs.3,15,000.00 as earnest money. Plaintiff was/is always ready and willing to perform his part of the contract. Plaintiff was demanding with the defendants to execute the sale deed by receiving balance amount of sale consideration. However, defendants did not come forward to execute the sale deed. Therefore, plaintiff was constrained to file the suit. With these reasons, plaintiff prayed for the relief of specific performance of the agreement.

(3.) Defendants have denied execution of agreement of sale and receipt of earnest money of Rs.3,15,000.00. According to them, the said document was created by the plaintiff. The value of the suit property was more than Rs.30.00 to 35 Lakhs per acre during 1998. Therefore, contentions of the plaintiff that defendants agreed to sell the property for Rs.7,12,500.00 is totally false. The suit was barred by time. The alleged agreement of sale is unregistered, therefore not enforceable. With these reasons, defendants prayed to dismiss the suit.