D R HUTCHAPPA, Vs. B NAGAPPA,

JUDGEMENT

(1.) THIS Regular First Appeal is filed by the defendants in O.S.No.26/1991 aggrieved by the judgment and decree dated 29.08.2003 passed by the learned Civil Judge (Sr.Dn.), Sagar, decreeing the suit for specific performance of the agreement for sale dated 07.07.1988 and directing defendants 1 & 2 appellants herein to execute registered sale deed in respect of the suit schedule properties along with 3rd defendant by receiving the balance sale consideration of Rs. .74,000/ -.

(2.) RESPONDENTS 1 and 2 herein were the plaintiffs before the Trial Court. They filed the suit seeking specific performance of the agreement for sale dated 07.07.1988 executed by defendants 1 and 2 appellants herein. They agreed to sell 7 acres 28 guntas of land comprised in Sy. No.88 of Kambli Koppa Village , Kasaba Hobli, Sagar Taluk and 7 acres 27 guntas of land comprised in Sy. No.89 of the same village with specified boundaries which are described as item Nos.1 and 2 in the suit schedule. 1st defendant Huchappa and 2nd defendant D.S.Ravishankar are father and son respectively and 3rd defendant Savithramma is the widow of deceased brother of 1st defendant. In other words, 3rd defendant is the sister -inlaw of the 1st defendant.

(3.) ACCORDING to the plaint averments, in an oral partition, which took place between the defendants on 04.04.1987, the suit schedule lands fell to the share of defendants 1 and 2. Being absolute owners of the suit schedule properties, defendants 1 and 2, executed an agreement for sale dated 07.07.1988 agreeing to sell the two properties in favour of plaintiffs for a sale consideration of Rs. .1,24,500/ -. A sum of Rs. .50,500/ - was paid as advance amount on 07.07.1988 and possession of the properties was transferred to the plaintiffs. As per the agreement for sale, after completing the formalities regarding the conversion of lands for non -agricultural purpose and after obtaining approval from the Town Planning Authorities for the layout by defendants 1 and 2 at their cost, within a period of one year from 07.07.1988, defendants 1 and 2 were required to execute the registered Sale Deed by receiving the balance sale consideration of Rs. 74,000/ - in the presence of the Sub -Registrar.