SOMASHEKAR Vs. M. V. GURURAJU

JUDGEMENT

(1.) The captioned second appeal is filed by unsuccessful defendants who have questioned the concurrent findings of the Courts below wherein plaintiff's suit for specific performance of contract based on an agreement to sell dtd. 19/1/2005 is held to be proved and decreed by both the Courts.

(2.) For the sake of brevity, the parties are referred to as per their rank before the Trial Court.

(3.) The plaintiff has filed the present suit seeking enforcement of an agreement dtd. 19/1/2005. Plaintiff claims that defendants offered to sell a portion of property bearing Sy.No.457/6. Plaintiff has specifically pleaded that out of the said survey number, a portion measuring 30x100 feet was agreed to be sold by the defendants. Plaintiff has specifically pleaded that this property was originally owned by one Ningegowda who was also called as Ninga. The said original owner secured a conversion order and he was in exclusive possession till his death and after his death, his wife Ningamma inherited the properties. Plaintiff therefore claimed that Ningamma along with her family members were in need of money and therefore, for legal necessity offered to sell the suit schedule property. Plaintiff claimed that he accepted the offer and sale consideration was arrived at Rs.2,25,000.00 and pursuant to agreement to sell dtd. 19/1/2005, plaintiff claimed that he has tendered Rs.1,75,000.00 as an advance in presence of witnesses. The present suit is filed alleging that though plaintiff is ready and willing to perform his part of contract, defendants have deliberately not come forward to perform their part of contract and therefore, a legal notice was also issued on 8/12/2006 calling upon defendants to complete the transaction by executing sale deed. Plaintiff has alleged that defendants have even evaded the notice sent by him.