ARUNA MALLESH Vs. JAYAMMA

JUDGEMENT

(1.) THIS is a plaintiff's appeal challenging the judgment and decree passed by XV Addl. City Civil and Sessions Judge, Bangalore, dated 06.06.2011, in O.S.No.4973/2001, whereunder plaintiff's suit for relief of specific performance of agreement of sale dated 22.09.1997 has been rejected.

(2.) FACTS in brief which has lead to filing of this appeal are as under:

(3.) IT is the further case of plaintiffs that they have always been ready and willing and had fulfilled the contractual obligations envisaged under the agreement. Plaintiff has pleaded that first defendant's husband expired on 23.04.1999 leaving behind defendant Nos.1 to 4 as his legal heirs and as such, plaintiff demanded the legal heirs to execute the sale deed by receiving the balance sale consideration and they went on postponing the execution of sale deed and as such, plaintiff got issued legal notice to Sri Basavaraju and fifth defendant on 18.09.2000 and fifth defendant by reply dated 01.11.2000 had informed the death of Sri Basavaraju and also stated that suit schedule property had fallen to the share of defendant Nos.1 to 4. Plaintiffs have contended that they got issued legal notice on 01.02.2001 to all the defendants calling upon them to execute the sale deed in their favour by receiving the balance sale consideration and defendant Nos.1 to 4 sent an interim reply on 14.02.2001, thereafter on 12.03.2001 defendant Nos.1 to 4 have sent untenable reply and as such, plaintiff contended that she has been perforced to approach the Court.