GANGADHARAPPA Vs. TULASINATHASA

JUDGEMENT

(1.) This appeal is filed by the appellant-plaintiff under Sec. 100 of the Code of Civil Procedure, 1908 (for short "CPC") challenging the judgment and decree passed in O.S.No.296/1993 on the file of the Principal Civil Judge, Gadag and confirmed by the Additional Senior Civil Judge, Gadag in R.A.No.24/2002 vide judgment dtd. 18/10/2007.

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

(3.) The brief facts of the case are that the plaintiff has filed a suit for specific performance of contract against the defendants. According to the plaintiff, defendants are the owners of the suit schedule properties and they intend to sell the suit schedule properties and after negotiations they agreed to sell the same to the plaintiff for a sum of Rs.24,000.00. It is also contended that defendant No.2 being unable to attend the transaction, he authorized defendant No.1 to execute agreement of sale on his behalf and accordingly defendant No.1 has executed agreement of sale for himself and on behalf of defendant No.2 on 16/7/1990 by receiving earnest amount of Rs.8,500.00 and possession was handed over. It is also alleged that subsequently again, defendant No.1 has received Rs.6,000.00 from the plaintiff and as such, the plaintiff has paid Rs.14,500.00 to defendant No.1 out of total consideration of Rs.24,000.00 and he is and was ever ready and willing to perform his part of contract by paying the balance sale consideration. It is further asserted that he has issued legal notice to the defendants and as there is no response, he filed a suit for specific performance of contract.