MUNIKANNAN Vs. KENCHAPPA

JUDGEMENT

(1.) PLAINTIFF of an original suit bearing OS. No. 374/1996, which was pending on the file of the then the Court of Munsiff, Shimoga, is before this Court challenging the concurrent findings. Suit filed for the relief of specific performance has been dismissed and the alternative relief of refund of advance amount has been ordered by the trial Court. The said judgment and decree passed in OS. No. 374/1996 on 16.3.2005 was called in question before the Court of Principal Senior Civil Judge at Shimoga in RA. No. 77/2005 under Section 96 of CPC. The said appeal has been dismissed confirming the judgment of the trial Court. It is these judgments, which are called in question on various grounds as set out in the appeal memo filed under Section 100 of CPC. The respondent herein is the lone defendant in the aforesaid original suit. The parties will be referred to as plaintiff and defendant as per their ranking in the trial Court.

(2.) THE facts leading to the filing of the suit before the trial Court are as follows:

(3.) INSPITE of several oral requests, the defendant did not come forward to execute a regular sale deed and as such, there was no avenue for the plaintiff except to get a notice issued through his advocate on 29.6.1996 calling upon the defendant to execute a regular sale deed by receiving the balance of consideration. Inspite of receipt of the same, the defendant did not come forward to execute the regular sale deed and as such, he chose to file a suit seeking the main relief of specific performance on 17.7.1996 with an alternative relief of refund of advance amount of Rs. 28,000/ -with interest at 24% p.a., thereon from the date of filing of suit till realisation.