E M NARASIMHAREDDY Vs. CHIKKANARASIMHA REDDY

JUDGEMENT

(1.) THE appeal filed against the Judgment and decree passed in RA 29/1997 on the file of I Addl. District Judge, Kolar arising out of the Judgment and decree in O. S. No. 31/1990 on the file of the Civil Judge (Sr. Dn.) Chikkaballapur.

(2.) THE appellants are the plaintiffs, filed a suit for specific performance of the agreement for sale at Ex. P. 1 dated 29. 5. 1988. The plaintiff's father and the father of defendants 4 and 5 and defendants 1 to 3 are full brothers. The suit property is the joint family property which consists of a non-residential plot with a Flour-Mill situate in Billapur Village of Bagepalli Taluk. Ex. P. 1 came to be executed by defendants 1 to 3 in favour of plaintiffs father agreeing to sell for a total consideration of Rs. 76,000/- Including plaintiffs share, the value of the property was assessed at rs. 95,000/ -. The defendants 1 to 3 refused to execute the sale deed conveying their share in favour of the plaintiffs. Defendants 4 and 5 consented and executed a relinquishment deed in favour of the plaintiffs 1 and 2. The plaintiffs issued a legal notice as per Ex. P4 and filed a suit. During the pendency of the suit, 3rd defendant also consented to execute the sale deed in favour of the plaintiffs and agreed to suffer a decree as prayed for, in the suit, to the extent of his share. The defendants 1 and 2 stoutly contested the suit. Before the Trial Court, it was contended by the defendants that the plaintiffs have failed to prove and plead that they were ready and willing to perform their part of the contract through out. The Trial Court upheld the defence contention and dismissed the suit of the plaintiffs.

(3.) THE first Appellate Court modified the Judgment and decree and allowed the suit of the plaintiffs, as against defendants 3 to 5 and dismissed the suit and appeal, as against defendants 1 and 2 confirming the findings of the Trial Court that the plaintiffs have failed to aver and prove that they were ready and willing to perform their part of the contract through out and thus, ultimately dismissed the appeal of the plaintiffs, as a result of which, present appeal is filed.