PARASAPPA Vs. PEERAPPA

JUDGEMENT

(1.) This appeal is filed by the defendant challenging the judgment and decree passed by the Principal District Judge, Dharwad in R.A.No.251/2010 dtd. 2/6/2012.

(2.) For the sake of convenience, parties herein are referred as per the original ranks occupied by them before the Trial Court.

(3.) The brief factual matrix leading to the case are that the defendant No.1 is the owner of the suit property bearing Rs. No 70/1 measuring 2 acres 10 guntas situated in B.Hoolikatti village of Kalaghatagi Taluk. For his legal necessity, he entered into an agreement of sale with the plaintiff on 21/8/2002 agreeing to sell the suit property for consideration of Rs.56,750.00 and received Rs.35,000.00 as an earnest amount. It is further asserted that in part performance, the plaintiff was also put in possession of the suit schedule property. According to the plaintiff, there was an agreement that sale deed is to be executed within eight months from the date of agreement by receiving balance consideration by removing the charge on the suit schedule property. It is further asserted by the plaintiff that he was all along ever ready and willing to perform his part of contract and in the year 2006, he got information that the suit schedule property was illegally mutated in the name of defendant No.2 by defendant No.1. Hence, he caused a notice to the defendants to execute registered sale deed but the defendants denied to execute the sale deed. Hence, he filed a suit for specific performance of the agreement dtd. 21/8/2002.