VIVEKCHANDRASHEKAR Vs. K. SHIVAKUMAR

JUDGEMENT

(1.) This appeal is filed by the unsuccessful plaintiff challenging the concurrent finding of fact recorded by both the Courts that the plaintiff is not entitled to the relief of specific performance of an agreement of sale dtd. 7/7/2006.

(2.) The parties shall henceforth be referred as they were arrayed before the Trial Court.

(3.) The suit in O.S. No.213/2008 was filed to enforce a sale agreement dtd. 7/7/2006 by which the defendants had allegedly agreed to sell four acres of land in Sy.No.19/PA and 28/2A of Yelachatty village, Hangala Hobli, Gundlupet taluk for a total sale consideration of Rs.1,72,000.00 and had received Rs.35,000.00 as part of the agreed sale consideration and the balance was to be paid within three months from the date of the agreement at the time of registration of a deed of sale in favour of the plaintiff. The plaintiff alleged that despite his attempts to get a sale deed executed, the defendants avoided and this compelled the plaintiff to cause a notice on 11/1/2008 calling upon the defendants to conclude the sale transaction. On the failure of the defendants to comply with the demand, the plaintiff filed the present suit on 20/12/2008.