G M CHINNASWAMY Vs. P K PROFULLA

JUDGEMENT

(1.) this appeal by the defendant is preferred against the judgment and decree dated 22nd december, 1990 passed by the learned principal civil judge, Mysore in o.s. No. 335/1985.

(2.) tne respondent/plaintiff filed the aforesaid suit on 8-10-1985 for the following reliefs:

(3.) the plaintiff sought for the aforesaid reliefs on the grounds that the defendant was the owner of the suit schedule property; that he entered into an agreement of sale on 15-2-1982 with the plaintiff agreeing to sell the suit schedule property for a sum of Rs. 4,30,000/-; that pursuant to the said agreement the defendant received an earnest money of Rs. 1,50,000/- that subsequently the defendant received various sums on the following dates: <FRM>JUDGEMENT_186_KANTLJ3_1992Html1.htm</FRM> that as per the terms of the agreement the sale deed was to be executed within six months from the date of agreement; that it was agreed that after deducting the advance of Rs. 1,50,000/- in the remaining balance of Rs. 2,80,000/- a sum of Rs. 80,000/- was to be utilised for discharging the earlier debts incurred by the defendant and a sum of Rs. 1,30,000/- was to be paid at the time of registration of the sale deed; that the balance of Rs. 70,000/- was to be paid in six months after the registration of the document; that the plaintiff served the notice dated 12-/-1982 on the defendant; that after receipt of the notice, the defendant extended the period for performance of the agreement thrice upto the end of 9-10-1982; that the last extension was made on 25-9-1982; that the plaintiff was always ready and willing to perform her part of the agreement; that the cause of action for the suit arose on 15-2-1982,25-8-1982,12-8- 1982, 25-9-1982 and 9-10-1982. Accordingly, she sought for the aforesaid reliefs.