D. LAKSHMINARAYANA Vs. SHIVANNA

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel appearing for the appellant. Though Shri Jagadeesha K.J., learned counsel has filed caveat for the respondent, he is not present before the Court.

(2.) This appeal is filed challenging the judgment and decree dtd. 2/11/2017 passed in R.A.No.20/2014 on the file of the III Additional District & Sessions Judge, Ramanagara.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that the defendant is the owner of the suit schedule property. He was in need of money for his immediate requirements and family necessities, to clear some debts etc., and therefore he offered to sell the suit schedule property. The plaintiff having verified the documents, agreed to purchase the suit schedule property. Accordingly, on 14/7/2005 the defendant has executed an agreement of sale in favour of the plaintiff, agreeing to sell the suit schedule property for a consideration of Rs.8,81,500.00 and on the date of agreement he has received a sum of Rs.2,00,000.00 from the plaintiff before witnesses, agreeing to receive the remaining consideration of Rs.6,81,500.00 at the time of execution and registration of the sale deed within three months. It is also the contention of the plaintiff that he has always ready and willing to perform his part of the contract. He approached the defendant on number of occasions and demanded him to execute the regular sale deed by receiving the remaining consideration. But the defendant evaded on one or other pretext. Hence, the plaintiff has issued a legal notice to the defendant on 10/4/2006. It was sent through registered post as well as certificate of posting. But the defendant has deliberately evaded the registered post. The certificate of posting is duly served.