NEELAMMA Vs. RAMANAGOUDA

JUDGEMENT

(1.) Neelamma instituted a suit against her brother-in- law--Ramanagouda seeking for enforcement of an Agreement of Sale that he had executed on 1/9/2008, whereby he had agreed to sell 16 acres of land in Sy.No.46 situate at Kachaknoor village, Shorapur Taluk, Gulbarga District (hereinafter refer to as "the suit property" for brevity) and he had received a sum of Rs.11,00,000.00 as advance.

(2.) It was her case that the Agreement of Sale did not stipulate any time limit and possession was also to be handed over at the time of registration of the Sale Deed. She stated that Ramanagouda was required to obtain the permission of the Irrigation Department and also a 11E sketch in order to conclude the transaction, but he had not secured those required documents and whenever she requested, he went on postponing the matter. She stated that even after a lapse of six years, he was not ready to secure the required documents and ultimately, when she approached in March 2015, he expressed his inability to conclude the sale transaction and as a consequence, a Legal Notice was issued on 1/4/2015. It was stated that to the said Legal Notice, an untenable reply was given and hence, she was constrained to institute the suit.

(3.) Ramanagouda entered appearance and filed a written statement. In the written statement, he stated that for the construction of a barrage at Kachaknoor village, the villagers had collected funds. It was stated that since the barrage was to irrigate a huge extent of lands, the villagers had approached him for the money and since, he did not have sufficient funds, he had approached his sister-in-law--Neelamma for financial help and she had agreed to provide a loan, but she had insisted at the rate of three per cent per month was required to be paid on the loan amount.