HANAMANT GANAPATI KALUVE Vs. DRAKSHAYINI

JUDGEMENT

(1.) Though this appeal is listed for admission with the consent of the Counsel on both sides, it is heard finally. The plaintiff in O.S. No. 53 of 2012 has filed this appeal, assailing the judgment and decree passed in O.S. No. 53 of 2012.

(2.) It is the case of the plaintiff that the suit property is an agricultural land measuring 1 acre 9 guntas at Moje Athani in Sy. No. 9/7D out of a larger extent of 8 acres 31 guntas. The defendant and her sons and daughters who are the owners of the suit property, had executed a registered agreement to sell in favour of defendant on 4-9-2010 before the Sub-Registrar, Athani for the sale of the property. The defendant on account of legal necessity in order to discharge the bank debt, in December 2010 negotiated with the plaintiff who agreed to purchase the suit property vide agreement to sell dated 22-12-2010 for a valuable consideration of Rs. 14,00,000/- on payment of a sum of Rs. 2,00,000/- as earnest money. The sale transaction, therefore, was to be completed within six months but despite repeated requests made by the plaintiff, the defendant failed to execute the sale deed. Therefore, the plaintiff filed a suit for specific performance of the agreement dated 22-12-2010.

(3.) On service of suit summons, the defendant appeared and filed written statement denying the allegations and averments made in the plaint stating that there was no such agreement to sell entered into with the plaintiff and neither any earnest money was received; that the agreement to sell dated 22-12-2010 on the basis of which specific performance has been sought by the plaintiff, is a got up document. Alternatively it was also contended that the plaintiff was not ready and willing to perform his part of the contract; that on several blank papers, signatures of the defendants were obtained and the said papers have been used for concocting an agreement to sell dated 22-12-2010. Therefore, the defendants sought for dismissal of the suit.