KHAMARUNNISA Vs. MUDALAPPA

JUDGEMENT

(1.) IN this second appeal the appellant-plaintiff challenges the judgment and decree dated 17-8-1995 passed in R. A. No. 1/95 on the file of the Civil Judge and JMFC, Chikkaballapur affirming the judgment and decree dated 16. 11. 1994 passed in O. S. No. 122/91 dismissing the suit for specific performance of the agreement of sale.

(2.) REFERENCE is made to the parties to this appeal by their rank and status in the suit.

(3.) THE plaintiff filed the suit on the following averments: The defendant as manager of his family entered into the 'suit agreement to sell two lands for a legal necessity of his family. The consideration of Rs. 30,000/- was paid in full. The defendant had agreed to execute a registered deed after removal of the then existing ban on registration of fragments. The plaintiff is ready and willing to perform her part of the contract but the defendant was not ready and willing to perform his part of the contract despite causing issue of a legal notice demanding the defendant to execute the sale deed.