SHARADA AND OTHERS Vs. SRI. CHANDRASHEKARAIAH

JUDGEMENT

(1.) THE legality and correctness of the judgment and decree dated 3 -4 -2013 in OS No. 5968 of 2007, on the file of XVII Additional City Civil Judge, Bangalore is called in question in this appeal. The appellants were defendants before the court below. For the sake of convenience, the parties would be referred to as per their status before the trial court.

(2.) THE respondent -plaintiff instituted a suit to enforce the agreement dated 15 -7 -2005 executed by one Ananda, who was the husband of first appellant and father of the remaining appellants. The said suit has been decreed by the court below, directing the appellants herein to execute sale deed in terms of the agreement of sale executed by deceased Ananda in favour of the plaintiff Chandrashekar.

(3.) ON 16 -10 -2005, a shara i.e. an endorsement was made by Anand stating that he had secured the registered sale deed dated 18 -8 -2005 from BDA and the plaintiff Chandrashekar was ready and willing to pay the balance sale consideration and ready to take the sale deed, then Ananda requested to extend the time by one more month, since he had to perform the marriage of his son Srinivas A, who is the third defendant in the suit, which was scheduled to be held on 25 -10 -2005 at Sharavathi Kalyana Mantapa, Bangalore. Accordingly, one month's time was extended. On that day, a further sum of Rs. 1.50 lakh was paid by Chandrashekar. Thus Ananda acknowledged the receipt of total advance sale consideration of Rs. 18.50 lakh and the balance payable was Rs. 43.00 lakh. Thereafter, a further sum of Rs. 75,000/ - was received by Ananda as further advance on 27 -10 -2005 and a shara was made to this effect in the agreement.