(1.) BOTH these appeals have arisen out of a common judgment and decree passed in regular appeals bearing Nos.154 and 159 of 2008, which were pending on the file of the Fast Track Court -I, Bellary, vide considered judgment dated 15.09.2010. The deceased J.Govinda Reddy had filed a suit for the relief of specific performance of contract on the basis of an agreement of sale stated to have been executed by the deceased defendant J.Dodda Basappa in his favour on 24.05.2001 agreeing to sell the entire suit schedule property measuring 30 acres of land for a total consideration of Rs.5,60,000/ - within a year from 24.05.2001. According to the plaintiff, a sum of Rs.4,32,000/ - had been paid as advance to the deceased defendant on the same day and the defendant had agreed to execute a regular sale deed within a year from 24.05.2001 by receiving the balance of consideration. Since the deceased defendant did not come forward to execute a regular sale deed, in spite of several oral requests, the plaintiff was left with no other avenue except to get a legal notice issued on 04.03.2005. In spite of receipt of the legal notice, deceased defendant did not come forward to execute a regular sale deed and as such, suit came to be filed on 06.04.2005 seeking the relief of specific performance of the contract on the basis of the agreement of sale dated 24.05.2001 and alternatively for the relief of refund of earnest money with reasonable interest thereon.
(2.) THE said suit was contested by the deceased defendant by filing detailed written statement. The deceased defendant had denied all the material averments found in the plaint and had called upon the plaintiff to prove the contents of the plaint strictly. The alleged execution of the agreement of sale, receipt of earnest money and agreeing to execute a regular sale deed within one year have been specifically denied. During the pendency of the suit, defendant died and his legal representatives also chose to file additional written statement which was almost identical to one filed by their father. On the basis of the above pleadings, following issues came to be framed.
(3.) PLAINTIFF J.Govinda Reddy is examined as P.W.1 and three witnesses have been examined on his behalf. Defendant No.1 is examined as D.W.1 and one exhibit has been marked on his behalf. 34 exhibits have been got marked on behalf of the plaintiff. Ultimately, suit came to be decreed as prayed for granting the relief of specific performance to an extent of 1/3rd share of deceased J.Dodda Basappa and his legal representatives, who are brought on record were directed to execute a regular sale deed by receiving balance of consideration, vide considered judgment dated 26.09.2008.