H MUTHUNANJAIAH Vs. C G INDIRAMMA

JUDGEMENT

(1.) THE appellant is the plaintiff filed the suit initially for a direction against the defendant to execute the sale deed by receiving a sum of Rs. 22,000/- on the ground of right of preemption. Later on, the plaintiff amended the plaint set up the agreement for sale dated 7-9-1984 and sought relief of specific performance.

(2.) IT is the case of the plaintiff that himself and his brother one beerappa got divided under Ex. P. 5 dated 8-2-1984. The suit property which is allotted to the brother of the plaintiff is sold to defendant under ex. D. 3 dated 5-9-1984 for a sum of Rs. 32,000/ -. The plaintiif entered into an agreement for purchase of the same under Ex. P. 1 dated 7-9-1984. The plaintiff has no knowledge that the consideration under ex. D. 3 is Rs. 32,000/ -. Under Ex. P. 1 the total sale consideration agreed is Rs. 95,000/-, an advance of Rs. 10,000/- was paid at the time of ex. P. 1. The sale is to he completed within 40 days from the date of Ex. P. 1 by paying the balance of consideration. The plaintiff issued notice as per Ex. P. 2 to the defendant to receive a balance of consideration and to execute the sale deed. The defendant replied as per Ex. P. 3 dated 15-10-1984 that advance paid was only Rs. 1,000/- and not Rs. 10,000/ -. Therefore insisted on payment of balance of Rs. 94,000/- for executing the sale deed.

(3.) THE plaintiff filed a suit initially not on the basis of Ex. P. 1 but invoked the right of preemption. It is the contention that the brother of the plaintiff who was vendor of the defendant was not entitled to sell the suit property to the defendant without providing option to the plaintiff. Therefore, contends that the sale in favour of the defendant is in breach of the right of preemption of the plaintiff. Accordingly', sought a relief of direction to the defendant to convey the property to the plaintiff at,the value stated in Ex. D. 3. It is further said that advance of Rs. 10,000/-paid is to be deducted from the sale value of Ex. D. 3, the balance of Rs. 22,000/- is offered to the defendant for executing the sale deed. The plaintiff later on amended the plaint to seek relief of specific performance on the basis of the agreement for sale at Ex. P. 1. The plaintiff also contends that he is ready and willing to perform his part of the contract throughout. The plaintiff has also deposited the balance of consideration.