JYOTHINAGARADA NANJAPPA Vs. JYOTHINAGARADA KRISHNAPPA

JUDGEMENT

(1.) THIS is the appeal preferred by the legal representatives of original plaintiff being aggrieved by the judgment and decree dated 12.12.2006 passed by the Presiding Officer, Fast Track Court III, Bangalore Rural District at Bangalore in R.A No.6/2004 reversing the judgment and decree dated 16.12.2003 passed by the I Additional Civil Judge (Sr. Dn.), Bangalore Rural District, in O.S. No.259/1993.

(2.) BRIEF facts of the case of the parties are that original plaintiff filed the aforesaid suit before the trial Court seeking a direction to the defendant to execute sale deed in his favour in respect of suit schedule properties by receiving consideration in a sum of Rs.30,000/ - and to execute sale deed through the process of the Court and also sought permanent injunction restraining the defendant or any person claiming through him in any way from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule properties. The suit schedule properties mentioned in the schedule to the plaint are (1) 0.13 guntas of lands in Sy. No.55/4 of Bediganahalli village and (2) 0.39 guntas of land in Sy. No.30 of Bediginahalli village.

(3.) IT is pleaded by the plaintiff that defendant entered into agreement dated 20.6.1993 agreeing to sell suit schedule properties in favour of the plaintiff for the total consideration of Rs.60,000/ - and defendant received a sum of Rs.30,000/ - as advance and has acknowledged and put the plaintiff in physical possession of the suit schedule properties. The defendant has agreed to receive the balance of Rs.30,000/ - on or before 1.1.1994 and to execute the registered sale deed in favour of the plaintiff. In fact, the defendant on earlier occasion had agreed to sell 13 guntas of land in Sy. No.55/4 in favour of the plaintiff. However, he filed a suit for declaration and for permanent injunction in respect of the said land and the suit came to be decreed against which the plaintiff preferred an appeal R.A. No.8/1993 and the same was pending for consideration. In the meanwhile, the defendant entered into the present agreement dated 20.6.1993 with the plaintiff wherein the defendant has agreed to get the appeal allowed in favour of the plaintiff apart from agreeing to sell the said property together with property measuring 39 guntas in Sy. No.13 for a total sale consideration of Rs.60,000/ -. But however, the defendant started telling before the villagers that he will sell the said property for higher price in favour of the third parties and threatened to dispossess the plaintiff from the suit schedule property. On 26.8.1993, when the plaintiff was cultivating the suit schedule land, some persons came near the property and enquired with the plaintiff as to who is the owner and they are interested to purchase the said land. The defendant asked them to have a look at the said land before they enter into an agreement to sell. Then the plaintiff approached the defendant along with some elders and requested him to receive the remaining consideration of Rs.30,000/ - and execute the sale deed. However, the defendant gave evasive reply. The plaintiff is always ready to perform his part of the contract. Hence, he sought the reliefs as prayed for in the suit. The defendant who is the respondent in this appeal filed the written statement in the said suit denying the allegation that he entered into agreement of sale dated 20.6.1993 agreeing to sell the suit schedule property to the plaintiff for sale consideration of Rs.60,000/ - and received Rs.30,000/ - as advance and put the plaintiff in physical possession of the suit schedule property. He has also denied the allegation made in paragraphs 3 to 6 of the plaint. He has contended that there is no cause of action to the suit, court fee paid is not sufficient. He defendant has pleaded that the plaintiff is a wicked man and he has no regards for the truth and by misusing his relationship as an elder brother cheated him in all possible manner and ultimately, the plaintiff made an attempt to knock up the suit schedule property illegally and forcibly and hence the defendant was forced to file suit before the Munsiff Court at Devanahally in O.S No.98/1987 for the relief of declaration of title and consequential relief of injunction. The said suit was decreed and the appeal preferred against the judgment and decree by the plaintiff is dismissed for non prosecution. It is also pleaded by the defendant that during the pendency of the said appeal, the plaintiff through anti social elements made an attempt on the defendant to forcibly put his signature on stamp papers. The defendant was taken to the house of one Sri. Gopala Reddy, member of Ex.Mandal Panchayat on 18.7.1993 and panchayat was held between 10.30 p.m. and 1.30 a.m. before the panchayatdars. All the panchayatdars under the leadership of one Ramachandra, by using force and coercion and putting the defendant under threat, obtained his left thumb impression on a blank stamp paper of Rs.10/ -.