SHIVAPPA Vs. YAMANAPPA

JUDGEMENT

(1.) Yemanappa, the plaintiff instituted the suit seeking to enforce an agreement of sale dtd. 27/5/2005 which had been executed by Shivappa, the defendant.

(2.) It was his case that he had agreed to purchase the agricultural land bearing Sy.No.122/2 measuring 03 acres 34 guntas situate at Yaragal Village for a total sale consideration of Rs.1,45,000.00 and he had paid a sum of Rs.70,000.00 as on the date of the execution of agreement of sale and despite several requests to execute a sale-deed, Shivappa had been evasive.

(3.) He stated that on 5/10/2009, Shivappa had approached him and informed him that his brother had filed a suit for partition and he required the balance amount of Rs.75,000.00 immediately and in view of this request, he had also paid the balance sale consideration of Rs.75,000.00 and Shivappa had also executed a receipt for having received the balance sale consideration.