BABU CHANNAPPA PATTAD Vs. MAHESH VIRUPAXAPPA PATI

JUDGEMENT

(1.) DIVERGENT judgment passed in regular appeal bearing R.A.No.94/2007, which was pending on the fi le of the Court of Senior Civi l Judge, Ramadurg, Belgaum District is cal led in question on various grounds as set out in the appeal memo, since the plaintiff/appellant is aggrieved by the rejection of relief of specif ic performance.

(2.) THE respondent herein was the defendant in a suit bearing O.S.No.50/1993, which was pending on the fi le of the Court of Civi l Judge (Jr.Dn.) , Ramadurg. Plaintiff had f i led the suit for the relief of specif ic performance of contract on the basis of an agreement of sale stated to have been executed by the defendant in his favour on 20.02.1990 for a total consideration of Rs.25,000/ -. The properties sought to be sold, according to the plaintiff, is a house in Ramadurg which has two rooms. According to the plaintiff, the defendant had received a sum of Rs.8,500/ - as earnest money and in spite of his readiness and wi l l ingness, the defendant did not come forward to execute a regular sale deed and as such he was constrained to fi le a suit for specif ic performance.

(3.) THE defendant had contested the suit on various grounds contending inter al ia amongst others that the suit was not maintainable either in law or on facts, more particularly, denying the factum of execution of sale deed and receipt of earnest money. Readiness and wi l l ingness pleaded by the plaintiff has also been specif ical ly denied. Plaintiff had been called upon to strictly prove contents.