YALLAWWA Vs. LAXMIBAI

JUDGEMENT

(1.) THIS is an appeal filed under Section 100 of CPC by the defendant challenging the judgment and decree in O.S.186/1999, on the file of the Civil Judge (Jr.Dn.), Jamakhandi. Respondents were the plaintiffs in the said suit. Parties will be referred to as plaintiffs and defendants as per their ranking given in the trial Court.

(2.) SUIT had been filed for the relief of specific performance of contact based on an agreement of sale said to have been executed on 23.04.1984 by Sri Tippanna and Sri Lakkappa, who were brothers by full blood. According to the plaintiffs, both of them had agreed to execute a regular sale deed within 15 years from 23.04.1984 for a total consideration of Rs.39,000/ -. According to the plaintiffs, sum of Rs.10,000/ - had been obtained by them from their father Sri Shrishail. It is the further case of the plaintiffs that, a sum of Rs.9,500/ - was received as further advance by Sri Tippanna and Sri Lakkappa on 20.09.1984 by executing a separate receipt in the presence of witnesses. Thus they had received in all sum of Rs.19,500/ - as advance out of the total agreed consideration of Rs.39,000/ -. During his life time, the intending purchaser Sri Shrishail had requested them to execute a regular sale deed by receiving balance sale consideration. In spite of the same, they did not come forward and in the meanwhile, he died. Later on his legal representatives, who are plaintiffs herein, got issued legal notice on 27.11.1999 through their advocate calling upon the legal representatives of late Thippanna and Lakanna to execute a regular sale deed as the vendors had died in the mean time. In spite of the receipt of the said notice, they did not execute the sale deed. On the other hand, they sent untenable reply. Hence, plaintiffs proceeded to file a suit for specific performance. It is mentioned in the plaint that they were ready and willing to perform their part of the contract.

(3.) DEFENDANTS filed detailed written statement denying execution of the agreement of sale agreeing to execute a regular sale deed for a total consideration of Rs.39,000/ -, receipt of Rs.10,000/ - as advance on the same day and Rs.9,500/ - as further advance on 20.09.1984. At the same time readiness and willingness has specifically been denied. According to them, the land in question was the only land available to the defendants and that it is the only source of income, more particularly, being a land granted by the Land Tribunal conferring occupancy right in favour of Sri Tippanna and Sri Lakkappa. Suit is stated to be false, frivolous and vexatious. With these pleadings, they requested the Court to dismiss the suit.