T. SURESH Vs. CHAKRAPANI

JUDGEMENT

(1.) PLAINTIFF of an original suit bearing O.S. No. 424/2005 which was pending on the file of the Court of II Addl. Civil Judge (Sr. Dn.), Bellary, is before this Court, as the suit filed for the relief of specific performance has been dismissed and the same being confirmed by the learned Judge of Fast Track Court -II, Bellary in R.A. No. 28/2008. Respondents herein are defendants 1 to 3 in the said suit. Parties will be referred to as plaintiff and defendants 1 to 3 as per the ranking given in the trial Court.

(2.) DEFENDANTS 1 and 2 are the sons of one Sudhama. They were the owners of the schedule land measuring 4 acres in Sy. No. 310 -D of Bellagal Village, Bellary District. According to the plaintiff, both of them had agreed to sell the entire suit schedule property for a sum of Rs. 6 lakhs by executing an agreement of sale on 27.06.2005 and had received a sum of Rs. 2.25 lakhs as advance on the same day. According to the plaintiff, the defendants had agreed to sell the schedule property at the rate of Rs. 1.5 lakhs per acre after getting the same properly surveyed and issued, within three months.

(3.) IN spite of the receipt of the notice, the defendant did not come forward to execute a regular sale deed. On the other hand, they wanted the plaintiff to furnish them a copy of the alleged agreement of sale in order to reply effectively, vide reply dated 03.11.2005. Later on, plaintiff chose to file a suit for the relief of specific performance on 25.01.2005.