J BABY AMMAL Vs. P SUMITHRA DEVI AND

JUDGEMENT

(1.) THIS is an appeal filed by the appellant/defendant against the judgment and decree dated 5. 7. 1996 passed by the IV Addl. City Civil Judge, Mayohall, Bangalore, for a sum of Rs. 68,340/- with interest and costs. Further, the appellant/defendant was directed to pay current and future interest at 24% p. a. Aggrieved by the said judgment and decree, the defendant has come up with this appeal mainly on the ground that the Court below has come to a wrong conclusion in passing the impugned judgment and decree and has not framed the issue regarding running of chit fund by P. W. 2 who is the father of the respondent. Even though the appellant/defendant has taken a valid and tenable contention that the two endorsements in Ex. P. 1 made on various dates with regard to the payment of the balance of sale consideration amount which was received but her signature was taken on a pretext that some time may be extended to execute the sale deed. Hence, this appeal.

(2.) THE case of the respondent/plaintiff is that the appellant/defendant has entered into an agreement of sale on 3. 11. 1986 agreeing to sell a suit schedule property bearing Regn. No. 21, 6th. Main Road, Bangalore-26, for a sum of Rs. 34,000/- as on the date of agreement of sale that the plaintiff has paid a sum of Rs. 15,000/- towards earnest money and the defendant had undertaken to clear all the taxes if any due and hand over the Encumbrance Certificate and vacant possession of the premises on or before 3. 12. 1986. The sale deed had to be executed on or before 1. 4. 1987. Therefore, as on 3. 11. 1986 the respondent/plaintiff has to pay balance sale consideration amount of Rs. 19,000/- and subsequently, on behalf of the appellant her parents paid a sum of Rs. 17,000/- on various dates and obtained the endorsement So, at the request of the defendant only time was extended on 1. 10. 1987 and she has agreed to pay the liquidating damages of Rs. 32,000/ -. Since the defendant failed to pay the liquidated damages, she filed a civil suit for recovery of Rs. 64,430/ -. Since the defendant has not executed the sale deed or paid the total sum of liquidated damages of Rs. 64,000/- together with interest at 24% p. a. , the plaintiff got (issued a legal notice and thereafter she filed a suit for recovery for the said sum.

(3.) AFTER appearance the defendant filed a written statement. Admitting the agreements of sale dated 3. 11. 1986 to sell the property for Rs. 34,000/- but received only Rs. 11,000/- from the plaintiff and Rs. 4,000/-was adjusted towards chit amount by the plaintiff and that the appellant-defendant has denied about the subsequent payment made by the plaintiff amounting to rs. 17,000/- by the plaintiff through her parents' on various dates. He has taken a serious contention that when the appellant-defendant approached for further sum, the respondent-plaintiff failed to pay. Even then she was ready and willing to execute the sale deed.