RAMKUMAR RATANLAL BALDAVA Vs. GOVIND

JUDGEMENT

(1.) Appellant/plaintiff feeling aggrieved by judgment of the first appellate Court on the file of Fast Track Court At:Jamakhandi, in R.A.No.36/2007, dtd. 7/2/2009, preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of plaintiff can be stated in nutshell to the effect that defendant is the owner in possession of the suit property bearing CTS No.1245 of jamakhandi. The plaintiff has agreed to purchase the suit property for total consideration of Rs.3,25,000.00 and plaintiff has paid earnest money of Rs.3,00,000.00. Accordingly, registered agreement of sale dtd. 11/1/2000 came to be executed. It was agreed to execute sale deed on 30/6/2002. The defendant in spite of several requests made by plaintiff did not come forward to execute sale deed. Therefore, the plaintiff got issued legal notice dtd. 29/1/2001 and defendant has replied to the said notice on 30/10/2001. The defendant has refused to execute the registered sale deed by accepting the balance consideration. Therefore, plaintiff was constrained to institute the suit on hand for the relief claimed in the suit.