ADIVEPPA Vs. GANGAPPA BASAPPA TALAWAR

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant as well as the respondent regarding the admission.

(2.) This second appeal is directed against the concurrent findings of the Trial Court as well as the First Appellate Court in OS No.7/2013 dtd. 26/7/2016 and RA No.70/2016 dtd. 28/9/2020 respectively. The defendant is the appellant before this Court.

(3.) The respondent-Gangappa who was the plaintiff before the Trial Court filed a suit for specific performance of contract of agreement of sale contending that the appellant herein i.e. the defendant was the owner of Rs. No.106/1/X1 measuring 3 acres situate at Gunadal village and that the plaintiff entered into an agreement of sale to purchase the said property for a consideration of Rs.5,00,000.00. An amount of Rs.3,00,000.00 was received by the defendant as advance on 16/11/2011 and an agreement of sale was entered into between the parties. The said agreement was registered before the Sub Registrar, Bijapura, and as per the terms of the agreement, the remaining sale consideration of Rs.2,00,000.00 has to be paid within Basava Jayanthi of 2012. Certain entries in the revenue records were also to be rectified during the said period. When the plaintiff requested the defendant that he was ready and willing to pay the remaining balance consideration, the defendant went on postponing the performance of his part of the contract and ultimately, he had to issue a notice and file a suit for specific performance of contract before the Trial Court.