SHIVAMMA Vs. GOWRAMMA

JUDGEMENT

(1.) The captioned second appeal is filed by the defendant No.2 questioning the judgment and decree of the Courts below in decreeing the suit in favour of the plaintiff filed for specific performance of contract.

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

(3.) The plaintiff instituted a suit for specific performance of agreement to sell dtd. 6/3/2000 executed by defendant No.1. The plaintiff is the daughter of original defendant No.1 Nanjamma and sister of defendant No.2. Therefore, plaintiff claimed that her mother has offered to sell the suit land in Sy.No.115/4 totally measuring 23 guntas and Sy.No.116/5 measuring 9 guntas. The plaintiff has claimed that sale consideration was fixed at Rs.85,000.00 and the defendant No.1 executed the suit agreement by receiving advance amount of Rs.75,000.00. The plaintiff further pleaded that it was agreed between the parties that balance sale consideration amount shall be paid before the sub-Registrar at the time of registration of sale deed. It was also contended that time stipulated under the agreement to sell was eleven months.