C UMAKANTHRAJU Vs. SUDHA SHARATH

JUDGEMENT

(1.) THE appellant who was defendant in O.S.No.2782/2009 on the file of City Civil Judge, Bangalore, is questioning the legality and correctness of the Judgment and decree passed against him by the court below on 6th September 2011.

(2.) HEARD the counsel for the parties.

(3.) THE facts leading to this appeal are as hereunder: The respondents were plaintiffs before the Trial Court. They are the LRs. of one K.Sharath Kumar, who was the owner of site bearing No.10, Rajarasheshwari Nagar, situated at Yelachenahalli Village, Uttarahalli Hobli, Bangalore South Taluk measuring east to west 80 feet and north to south 90 feet in a layout known as UKR layout. A sale deed was executed by deceased Sharath Kumar by selling the suit property in favour of the appellantdefendant herein on 4.9.2006 for a sale consideration of Rs.28,80,000/ -. Towards the entire sale consideration of Rs.28,80,000/ - the defendant had issued a cheque bearing No.189965 drawn on Syndicate Bank, Banashankari Extension, Jayanagar, Bangalore. The defendant had issued a cheque to the deceased Sharath Kumar. Though the said cheque was issued by the defendant towards the sale consideration at the request of the defendant, Sharath Kumar had not presented the same since there was no adequate balance in the account of the defendant. The deceased was aged about 62 years when the sale deed was executed in favour of the defendant. After execution of the sale deed, he was hospitalized and underwent a bypass surgery and subsequently died on 28.5.2007.