K. DASHARATH Vs. S. SUREKHA

JUDGEMENT

(1.) This appeal is filed by the plaintiff under Order 41 Rule 1 r/w. Sec. 96 of Civil Procedure Code, challenging the judgment and decree dtd. 16/4/2008 passed by the XXXIX Addl. City Civil and Sessions Judge, Bangalore City in O.S.No.6972/2004, whereby the suit filed by the plaintiff for specific performance has been dismissed.

(2.) For the sake of convenience, the parties are referred to as per their rankings before the trial court.

(3.) The case of the plaintiff is that the defendant is the owner of the suit schedule property and she offered the suit schedule property to sell at Rs.225.00 per sq.ft and for total sale consideration of Rs.14,20,650.00. Accordingly, she entered into a sale agreement dtd. 3/1/2003 in favour of the plaintiff. On the same day, plaintiff paid a sum of Rs.1,00,000.00 towards advance consideration amount and the plaintiff was ready and wiling to perform his part of the contract. Since the defendant was not ready to perform her part of the contract, plaintiff has issued a legal notice on 6/3/2004. The same was returned with the shara, 'left'. Hence, plaintiff filed a suit for specific performance of the contract. Inspite of service of summons in the suit, the defendant has not chosen to appear before the trial court. Hence, she has been placed ex-parte. On the basis of the pleadings of the plaintiff, the trial court has framed the following issues: