MARUTI Vs. DHARMAMMA

JUDGEMENT

(1.) THE appellant has challenged the Judgment and Decree of the trial Court, directing refund of the earnest money and refusing the specific performance of the contract of sale.

(2.) THE facts reveal that the 1st respondent, who is the 1st defendant in the trial Court executed an Agreement of Sale in favour of the appellant/plaintiff, agreeing to sell the suit property bearing Sy. No. 146 measuring 11 acres of Eklaspur village in Raichur District with the boundaries mentioned in the schedule to the plaint. Under the said Agreement dated 18.04.2004, the appellant/plaintiff had advanced a sum of Rs. 1,00,000 -00 under two cheques, each for a sum of Rs. 50,000 -00 and the 1st defendant was to get the land surveyed. The sale consideration was fixed at Rs. 11,11,000 -00 and it was agreed that the remaining amount of Rs. 10,11,000 -00 was to be paid by the plaintiff at the time of registration of the Sale Deed on or before 20.11.2004. It was also agreed that if the plaintiff fails to pay the remaining sale consideration within the stipulated period, the Agreement stood cancelled. Though the plaintiff was ready and willing to perform his part of the contract, the 1st defendant did not execute the Sale Deed and said to have entered into a sale transaction with the other defendants and said to have executed the Sale Deed in their favour. In the aforesaid circumstances, the plaintiff approached the trial Court, seeking specific performance of the contract.

(3.) I have heard learned counsel for the appellant. Learned counsel for respondents 2 to 11 is absent.