NAGAVVA Vs. IRAPPA

JUDGEMENT

(1.) Appellant/defendant feeling aggrieved by the judgment of First Appellate Court on the I Additional District and Sessions Judge, Belgaum, in RA.No.177/2008, dtd. 14/6/2010, confirming the judgment of Trial Court on the file of Prl.Civil Judge(Sr.Dn.), Bailahongal in OS.34/2005, dtd. 28/6/2008, preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the Trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of plaintiff can be stated in nutshell to the effect that the defendant is the absolute owner of suit property and offered to sell the same. Plaintiff agreed to purchase the suit property for valuable consideration amount of Rs.2,50,500.00 and paid earnest money of Rs.2,00,000.00. The defendant after accepting earnest money before the Sub Registrar executed the registered agreement of sale dtd. 8/6/2001 and the Sub Registrar endorsed on the document for having paid consideration in his presence. Plaintiff is always ready and willing to perform his part of contract and the defendant is postponing execution of sale deed on one or the other pretext. Plaintiff issued notice dtd. 8/4/2004 and the defendant has replied to the said notice on 4/6/2004 denying the execution of registered agreement of sale dtd. 8/6/2001. The refusal of execution of registered sale deed was made known to the plaintiff in reply to the notice of defendant dtd. 4/6/2004. Therefore, plaintiff was constrained to institute the suit on hand for the reliefs claimed in the suit.