A. PAPANNA Vs. D.M. PATEL

JUDGEMENT

(1.) The defendant is before this Court impugning the judgment and decree dtd. 23/1/2017 passed in RA No.579 of 2016 on the file of the learned II Additional District Judge, Mysuru (hereinafter referred to as 'the First Appellate Court' for brevity), allowing the appeal and modifying the judgment and decree dtd. 13/4/2016 passed in OS No.1024 of 2007 on the file of the learned I Additional Senior Civil Judge and CJM, at Mysuru (hereinafter referred to as 'the Trial Court' for brevity), and decreeing the suit of the plaintiff for specific performance of the contract directing the defendant to execute the registered sale deed by receiving a sum of Rs.30,00,000.00.

(2.) For the sake of convenience, parties are referred to as per their status and rank before the Trial Court.

(3.) Brief facts of the case are that, the plaintiff filed the suit OS No.1024 of 2007 against the defendant seeking specific performance of the contract i.e., the agreement to sell dtd. 16/8/2004. It is the contention of the plaintiff that the defendant approached him with an intention to sell 20 guntas of land in Sy.No.4/2B situated at Hinkal Village, Mysuru Taluk, proclaiming that he is the absolute owner in possession of the property. The parties have agreed for a total consideration amount of Rs.3,20,000.00. It was agreed to pay Rs.1,75,000.00 as advance and the balance amount at the time of executing the sale deed. The defendant undertook to hand over the possession of the property in favour of the plaintiff at the time of executing the sale deed and also to hand over the original documents. Accordingly, the agreement dtd. 16/8/2004 was executed and the same was registered by the defendant after accepting the part consideration amount of Rs.1,75,000.00.