THIMME GOWDA Vs. M.HEMANNA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and decree passed in O.S.No.204 of 1997 on the file of the Additional Senior Civil Judge, Mandya.

(2.) Brief facts of the case are as under: The respondent has executed an agreement of sale dtd. 3/1/1997, agreeing to sell the suit property for consideration of Rs.2,96,275.00 and received Rs.25,000.00 as earnest money. It was agreed between the parties that appellant shall pay the balance amount of the sale consideration, within ninety days and on receipt of the said amount, the respondent shall execute and register the Sale Deed, in favour of the appellant. The appellant further contended that he was always ready and willing to perform his part of the contract. However, inspite of oral requests made by the appellant, the respondent did not come forward to execute the Sale Deed. The appellant sent notice dtd. 28/4/1997 calling upon the respondent to execute the registered sale deed. Thereafter also, the respondent did not execute the sale deed. With these averments, the suit was filed for the relief of specific performance of the agreement, directing the respondent to execute the registered sale deed in favour of the appellant after receiving the balance amount of sale consideration and in the alternative, refund of earnest money of Rs.25,000.00 paid to the respondent.

(3.) The respondent in the written statement admitted agreement of sale by denying that appellant was ready and willing to perform his part of the contract. Time was the essence of the contract. The appellant did not come forward to pay the balance amount of sale consideration and get executed the registered Sale Deed. It was further case of the appellant that sale transaction was not concluded due to defaults of appellant. In terms of the agreement of sale, respondent has forfeited the advance amount paid by the appellant. The appellant is not entitled for the relief sought and prayed for dismissal of the suit.