P.RAMESH Vs. M.R.KRISHNA REDDY

JUDGEMENT

(1.) Challenging judgment and decree dtd. 17/12/2021 passed in R.A.No.15/20221 by Prl.District & Sessions Judge, Bangalore Rural District Bangalore dismissing appeal confirming judgment and decree dtd. 13/11/2020 passed in O.S.No.1027/2017 by I Addl. Senior Civil Judge, Bangalore Rural District, Bangalore, appellant has preferred this second appeal.

(2.) Appellant herein was plaintiff in original suit and appellant in first appeal, while respondent herein was defendant in suit and respondent in first appeal. For sake of convenience, parties shall hereinafter be referred to as per their ranks before trial Court.

(3.) O.S.No.1027/2017 was filed seeking for specific performance of agreement of sale executed by defendant on 26/3/2008 in respect of land bearing Sy.No.46/B, new Sy.No.46/P2 measuring northern side 125 X 30 ft. for purpose of road to survey no.45/2 out of 06 guntas situated at Muttukadahalli village, Anagondanahalli Hobli, Hoskote taluk (hereinafter referred to as 'suit property'). It was stated in plaint that defendant, absolute owner of suit property executed an agreement of sale in favour of plaintiff on 26/3/2008 agreeing to sell suit property for a total sale consideration of Rs.9,00,000.00 by receiving Rs.1,00,000.00 as advance. Agreement stipulated that balance amount of Rs.8,00,000.00 was to be paid at time of registration. It was also stated that subsequently plaintiff paid further advance amount on various dates totaling to Rs.5,36,225.00 and agreed that balance amount of Rs.2,63,775.00 was to be paid after preparation of sketch by revenue authorities. Though, plaintiff was ever ready and willing to abide by terms of contract and formed road and drainage investing Rs.4,00,000.00 and called upon defendant to perform his part of contract, defendant postponed same on several pretexts and giving false assurances. Plaintiff himself obtained 11-E sketch and as no time was stipulated in agreement of sale, called upon defendant to execute sale deed, but defendant failed to turn up. Plaintiff got issued legal notice on 20/6/2017 calling upon defendant to come forward and execute sale deed after receiving balance sale consideration. Same returned with postal shara "intimation delivered'. Thereafter plaintiff filed suit.