SRIKANTH B.R. Vs. CHANDRANAIKA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the appellants and the learned counsel appearing for Caveator/Respondent.

(2.) This appeal is filed challenging the judgment and decree dtd. 26/8/2022 passed in R.A.No.8/2020 on the file of the II Additional District & Sessions Judge, Shivamogga.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that the suit schedule property belongs to the defendants and defendant No.1 acquired the same from his ancestors and he is in possession and enjoyment of the property. Defendant No.1 has informed the plaintiff that he is intending to sell the suit schedule property for his family and legal necessity. The plaintiff had agreed to purchase the property for a consideration of Rs.8,23,000.00 and entered into a registered agreement of sale dtd.:25/4/2015 and made the payment of Rs.4.00 Lakhs and balance sale consideration was payable at the time of registration. It is also contended that they have agreed to execute the Sale Deed within one year after receiving the balance sale consideration of Rs.4,23,000.00 and also after obtaining the necessary permission from the concerned Department. It is also contended that the plaintiff was always ready and willing to perform his part of the contract, but the defendants have failed to execute the sale deed and to perform their part of contract. Hence, the plaintiff has issued notice to the defendants on 12/3/2016 and 14/3/2016 calling upon them to execute the sale deed. When the plaintiff came to know about the defendants were making an attempt to sell the suit schedule property in favour of third party, he has filed a suit seeking the relief of specific performance.