L.V. RAJESH Vs. NAVEEN ANJUM

JUDGEMENT

(1.) Petitioner is the plaintiff in O.S.No.28/2009 on the file of the IV Additional Senior Civil Judge, Mysore. Being aggrieved by the order dated 22-09-2012 made on I.A.No.15 filed under Order 26 Rule 10(A) of CPC, the petitioner has filed this writ petition.

(2.) The petitioner filed a suit seeking for specific performance of the agreement of sale dated 30-06-2008 and to direct the defendants to receive the balance sale consideration and to execute the sale deed or in the alternative refund the earnest money with damages. In the plaint, it was contended that husband of the first defendant and father of defendant No.2 Late Sri.Mir Ameenulla Khuraishi executed an agreement of sale in respect of the suit schedule property on 30-06-2008 for a sale consideration of Rs.27,00,000/-. As on the date of agreement, he received a sum of Rs.20,00,000/- and the balance sale consideration was agreed to be paid at the time of registration of the sale deed i.e., within a period of four months from the date of agreement of sale. However, the said Mir Ameenulla Khuraishi died on 04-08-2008. Though the defendants were aware of execution of the agreement of sale, they refused to execute the sale deed by receiving the balance sale consideration. The plaintiff issued legal notice to the defendants, for which they gave untenable reply. Hence, the plaintiff filed the suit for specific performance of the contract.

(3.) In pursuance of the notice issued by the Trial Court, the defendants entered appearance and filed written statement contending that the said Mir Ameenulla Khuraishi had not entered into an agreement of sale dated 30-06-2008 and that the alleged agreement of sale is a forged and fabricated document and sought for dismissal of the suit.