SUSHEELA SHARMA Vs. YELLANDA THOMAS

JUDGEMENT

(1.) THE appellant is questioning the legality and correctness of the judgment and decree passed by the City Civil Judge, Bangalore in O.S. No. 244/2005, dated 08.04.2009, wherein the court below has dismissed the suit filed by the appellant for specific performance of the contract. We have heard the learned, counsel appearing for the parties.

(2.) THE facts leading to this appeal are as hereunder:

(3.) ACCORDING to the plaint averments, the defendant being the owner of the suit schedule property agreed to sell the schedule property in her favour for a total sale consideration of Rs. 39,60,000/ -. Accordingly, an agreement was entered into between them on 14.12.2004 A sum of Rs. 1,00,000/ - was paid by means of Cheque bearing No. 027218, dated 12.12.2014 and a sum of Rs. 10,000/ - by cash as advance, for which a separate receipt was also issued by the defendant. According to the plaintiff, the entire sale transaction was required to be completed within 15 days from 14.12.2004. It was further contended that a sum of Rs. 4,00,000/ - was paid by means of a Cheque drawn on Citi Bank, Bangalore on the date of the agreement. Thus, in all a sum of Rs. 5,10,000/ - was received as advance consideration. It is further contended by the plaintiff that a sum of Rs. 16,00,000/ - was paid in cash on 16.12.2004, for which the defendant executed a receipt and delivered vacant possession of the suit property and performed other part of the contract. Again on 20.12.2004, a further sum of Rs. 1,00,000/ - was paid in cash and on 20.12.2004, draft sale deeds were exchanged between the parties and the sale deed was finalized to be registered on 28.12.2004.