SHIVAPPA IRAPPA MANIKATTI Vs. GADIGEVVA VIRUPAXAYYA HIREMATH

JUDGEMENT

(1.) THE present appeal is filed by the defendant of an original suit bearing O.S.No.264/1995 which was pending on the file of the Court of II Addl. Civil Judge (Jr.Dn), Dharwad. He is aggrieved by the finding of the trial Court and concurred by the First Appellate Court. Respondent was the plaintiff in the said suit. Parties will be referred to as plaintiff and defendant as per their ranking in the trial Court.

(2.) PLAINTIFF had filed a suit for relief of specific performance of contract on the basis of an agreement of sale dated 02.07.1985 marked as Ex.P1. It is a registered agreement of sale stated to have been executed by the defendant relating to his 2/3rd share for a total consideration of Rs.35,000/ -. A sum of Rs.20,000/ - was paid as advance under Ex.P1 and one more additional agreement was executed on 11.07.1986 under which, the defendant is stated to have received a sum of Rs.10,000/ - as additional advance. Thus defendant is stated to have received in all a sum of Rs.30,000/ - as advance out of the total consideration of Rs.35,000/ -.

(3.) OF course, no time is fixed in the agreement of sale marked as Ex.P1 except stating that the regular sale deed would be executed by the defendant after getting phodi work of the land done at his cost.