MALLAPPA Vs. SRIVASTAVA RAO

JUDGEMENT

(1.) THIS appeal along with the cross objections are filed against the judgment and Decree dated 9-7-1997 in R. A. No. 48/89 on the file of the Dist. Judge, gulbarga arising out of the Judgment and decree dated 8-10-1982 in O. S. No. 49/78 on the file of the Civil Judge, Gulbarga.

(2.) THE appellant is the plaintiff in the suit. The respondents filed a suit for specific performance of the contract to execute a registered sale deed in respect of the suit schedule land, in respect of which a written agreement for sale was executed on 31-8-1975. Under the terms of agreement, the plaintiff had paid the full consideration amount of Rs. 31,001/- towards the sale value, the plaintiff was put in possession. The defendants undertook to execute the sale deed as and when called upon. Based on the agreement of sale Ex. P14, the plaintiff made an application for mutation in his name in the revenue records. The Tahsildar by his order dated 22-12-1977 directed mutation in the name of the plaintiff. During the said proceedings the defendants contended that the agreement of sale is concocted and denied his liability to execute the sale deed. The defendants also filed a suit in O. S. No. 408/77 seeking permanent injunction against the plaintiff herein not to interfere with the possession. The said suit came to be dismissed. During the pendency of O. S. No. 408/77, the present suit came to be filed by the plaintiff. The trial Court decreed the suit of the plaintiff. The Appellate Court reversed the Judgment and Decree of the Appellate Court and dismissed the suit on the ground that the plaintiff had failed to aver and prove his readiness and willingness throughout in order to get the relief of specific performance. Aggrieved by the said Judgment and Decree, thepresent appeal is filed.

(3.) THE following points of law are reformulated for consideration: