J. R. SHANMUKHAPPA Vs. JYOTIBA

JUDGEMENT

(1.) This appeal is filed by the appellant/plaintiff challenging the judgment and decree dtd. 17/9/2016 passed by the learned Addl. Senior Civil Judge and JMFC, Haveri (hereinafter referred to as 'the trial Court', for brevity), in O.S.No.55/2011.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the trial Court. The appellant is the plaintiff and respondents are defendants No.1 and 2 before the trial Court.

(3.) The brief facts of the plaintiff's case as under: The plaintiff filed as suit for specific performance and contract. It is the case of plaintiff that, Defendant No.1 is the husband of defendant No.2 and defendant No.3 is the only son of defendants No.1 and 2. They are residing in joint Hindu Family comprising of defendants No.1 to 3. Defendant No.1 is the manager of the joint Hindu Family. On 1/3/2010, plaintiff entered agreement of sale with defendants for purchase of schedule property and defendants agreed to sell the suit schedule property in favour of the plaintiff. Hence on 1/3/2010, defendants executed agreement of sale in favour of plaintiff in respect of the suit properties for total sale consideration of Rs.63,75,000.00 and on the same day, plaintiff paid an advance of Rs.16,00,000.00 to the defendants and they have acknowledged the same and they agreed to execute the registered sale deed by the end of 30/4/2010 and the plaintiff shall pay the remaining balance amount of Rs.47,75,000.00 to the defendants at the time of execution of registered sale deed. It is further contended that, plaintiff has always been ready and willing party to perform his part of contract, but only after the defendants have duly performed the essential terms of contract. Though plaintiff was ready and willing to perform his part of the contract with balance sale consideration, defendants refused to execute the registered sale deed in favour of the plaintiff. Hence, the plaintiff got issued legal notice to defendants calling upon them to execute the registered sale deed by receiving balance sale consideration. However, defendants denied the same and gave evasive reply, hence cause of action arose for the plaintiff to file the suit. Hence the plaintiff filed suit for specific performance of the contract based on the agreement of sale.