SHIVANNA Vs. SANNAMMA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and decree dtd. 12/4/2017 passed in R.A.No.25/2016 on the file of the Senior Civil Judge and JMFC, Periyapatna and the judgment and decree dtd. 8/8/2016 passed in O.S.No.202/2012 on the file of the Civil Judge and JMFC, Periyapatna.

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

(3.) The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of specific performance of contract is that suit schedule property is an agricultural land bearing Sy.No.14/1, measuring 1 acre, situate at Mellahalli Village, Ravandur Hobli, Periyapatna Taluk. It is the case of the plaintiff that the defendants have approached the plaintiff to sell the said property, in order to perform the marriage of the second defendant and agreed to sell the same for a sale consideration of Rs.2.00 lakhs and executed the sale agreement dtd. 27/2/2012 and received an amount of Rs.1,95,000.00 and balance amount of Rs.5,000.00 was payable at the time of registration of the sale deed and the time fixed for registration is three months. It is the contention of the plaintiff that he waited for nearly two months but, the defendants did not come forward to execute the sale deed and hence, issued notice on 10/5/2012 and an untenable reply was given and hence, the suit is filed for the relief of specific performance.