DYAVAMMA Vs. M. GADILINGAPPA

JUDGEMENT

(1.) This appeal is by the defendant in O.S. No. 6/2014, a suit for specific performance instituted by the respondent in the court of Sr. Civil Judge, Gangavati. The respondent died during the pendency of this appeal and his legal representatives have been brought on record.

(2.) 10 acres 20 guntas of land in sy. No. 72/B of Nandihalli village, Gangavati taluk, Koppal district is the subject matter of the suit (suit property). The plaintiff stated that the defendant entered into contract with him for selling the suit property to for a consideration of Rs.18.00 lakhs. The defendant received earnest money of Rs.17,92,000.00 from him and executed an agreement of sale on 4/12/2013 agreeing to complete the sale transaction on or before 4/3/2014 by receiving balance consideration of Rs.8,000.00. Within the stipulated time, the defendant was required to discharge the loan obtained by her from State Bank of Hyderabad. Noticing that the defendant was not inclined to execute the sale deed, the plaintiff issued a notice to her on 22/1/2014 demanding of her the execution of sale deed. As the demand did not yield any result, he instituted the suit.

(3.) The defendant denied to have executed the agreement and receipt of Rs.17,92,000.00 towards earnest money. She denied her signature on the agreement and stated that she replied to the legal notice issued by the plaintiff.