BHAGYAMMA Vs. SHEELA

JUDGEMENT

(1.) This is a defendants' appeal. The present respondent as a plaintiff had instituted a suit against the present appellants, arraigning them as defendants in O.S.No.53/2014, in the Court of the learned Senior Civil Judge & JMFC, K.R. Nagar (hereinafter for brevity referred to as "the Trial Court"), seeking for specific performance of the contract, by directing the defendant No.1 to execute a regular Sale Deed in favour of the plaintiff and getting it registered in respect of the suit schedule property and to deliver the possession and other reliefs.

(2.) The summary of the plaint of the plaintiff in the Trial Court (the present respondent) is that, on the date 7/8/2014, the first defendant (first appellant herein), for her legal necessities, i.e. to clear the old loan and for performance of the marriage of her daughter, entered into an agreement for sale of suit schedule property with the plaintiff, agreeing to sell the said property bearing Survey No.226/1, measuring 01 Acre 14 Guntas, situated at Arjunahally Village, Hosa Agrahara Village, K.R.Nagara Taluk, for a total sale consideration of a sum of Rs.12,42,000.00. Under the said agreement, on the same day, the first defendant received a sum of Rs.1,25,000.00 as an advance amount in the presence of the witnesses and agreed to receive the balance sale consideration amount at the time of executing the registered Sale Deed, which Sale Deed she agreed to execute and register whenever she was called upon to do so. She also agreed to get the survey sketch, encumbrance Certificate and other documents which were required for registration, at the earliest.

(3.) Despite service of notice upon her, the defendant No.1 did not reply to the said legal notice, which constrained the plaintiff to institute the suit in question against the defendants for the relief of specific performance.