KRISHNEGOWDA Y.N. Vs. SHIVASHANKAR

JUDGEMENT

(1.) This second appeal is filed challenging the judgment and decree dtd. 7/3/2018 passed in R.A.No.15/2017 by the V Additional District and Sessions Court, Hassan.

(2.) The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of the case of the plaintiffs before the Trial Court is that the defendant has expressed his wish to sell the suit schedule property and the plaintiffs have agreed to purchase the suit schedule property. Hence, on 28/10/2013, the defendant has executed an agreement of sale to an extent of 29 guntas for sale consideration of Rs.5,80,000.00 by receiving an advance amount of Rs.10,000.00 and also agreed to receive the balance sale consideration of Rs.5,70,000.00 at the time of registration and sale deed which has to be executed within a period of three months from the date of the agreement. It is the case of the plaintiffs that when they personally met the defendant and requested to execute the registered sale deed, the defendant has given evasive reply. Therefore, without any other alternative, the plaintiffs issued a legal notice on 5/12/2013 calling upon the defendant to execute the sale deed as per the sale agreement. Inspite of receipt of the notice, the defendant did not execute the sale deed. Thus, panchayath was held in that regard and in the pnachayath, the defendant agreed to execute the sale deed but, later, the defendant has dodged the execution of the registered sale deed on one ground or the other. Therefore, the plaintiffs have got issued another legal notice on 20/12/2014 asking the defendant to execute the registered sale deed and the defendant got issued a reply notice refusing to execute the registered sale deed. Hence, without any other alternative, the plaintiffs have filed the suit for the relief of specific performance.