K. RAMESH BHAT Vs. MEERA

JUDGEMENT

(1.) This appeal is filed by the plaintiff, challenging the judgment and decree dtd. 22/8/2007 passed in Regular Appeal No.518 of 2004 on the file of the Fast Track Court (for short, hereinafter referred to as 'First Appellate Court'), allowing the appeal filed by the defendant, by setting-aside the judgment and decree dtd. 4/3/1998 passed in Original Suit No.175 of 1997 on the file of the Principal Civil Judge (Jr. Dn), Mangaluru (for short, hereinafter referred to as 'Trial Court'), wherein the suit filed by the plaintiff has been decreed.

(2.) For the sake of convenience, the parties in this appeal shall be referred to in terms of their status and ranking before the Trial Court.

(3.) The plaint averments are that the plaintiff has entered into an Agreement for Sale dtd. 16/10/1978 with the defendant, agreeing to purchase the suit schedule property for a consideration of Rs.1,000.00. It is the case of the plaintiff that the plaintiff had paid entire sale consideration to the defendant on the date of the execution of the Agreement for Sale and pursuant to the same, the defendant had delivered the vacant possession of the suit schedule property to the plaintiff along with title deeds. It is further averred that, due to financial crisis, the plaintiff was unable to get the Sale Deed registered in his favour on account of non-availability of funds to bear the registration expenses and accordingly, the aforementioned Agreement for Sale was extended from time to time by the mutual consent. It is the further case of the plaintiff that the defendant has made a demand for additional sale consideration and plaintiff has refused to pay the additional sum claimed by the defendant, resulting in issuing legal notice dtd. 27/1/1997 to the defendant and the said notice was returned as not served. Hence, the plaintiff has filed Original Suit No.175 of 1997 before the Trial Court against the defendant, seeking relief of specific performance of Agreement for Sale dtd. 16/10/1978.