MARIGOUDA CHANABASAPPA MARIGOUDAR Vs. SATTEPA VEERAPPA KOUJALAGI

JUDGEMENT

(1.) The present appeal filed under Section 100 of C.P.C. is directed against the judgment and decree passed in O.S. No. 1/1999, which was pending on the file of the Civil Judge (Sr. Dn.), Bailhongal and confirmation of the findings of the O.S. No. 1/1999 in regular appeal No. 18/2008 filed under Section 96 of C.P.C. read with Order 41 Rule 1 of C.P.C..

(2.) Appellant herein was the lone defendant in an original Suit bearing O.S. No. 1/1999 filed by the respondents-plaintiff for the reliefs of specific performance of contract based on an agreement of sale stated to have been executed by the defendant in their favour relating to 4 acres 20 guntas of land in respect of R.S. No. 102/1 of Madanbhavi village, Taluka Bailhongal for a total consideration of Rs. 2,25,000/-. On 06.01.1996 defendant/appellant is stated to have executed an agreement of sale agreeing to sell the entire suit property for a total consideration of Rs. 2,25,000/-. In this regard, a sum of Rs. 1,00,000/- is stated to have been received as advance on 06.01.1996 in the presence of the attestors who have attested the said document. A sum of Rs. 1,25,000/- being the balance of consideration was expected to be paid at the time of registration by the plaintiff to the defendant. Further case of the plaintiff is that, schedule property was handed over to him on the very day of execution of the agreement of sale and therefore, he has been in possession of the property uninterruptedly from that date.

(3.) As defendant did not come forward to execute a regular sale deed, they had to get a legal notice issued through his advocate on 07.03.1996. In spite of receipt of the notice, the defendant did not come forward to execute a sale deed and therefore, he had to file a suit seeking the relief of specific performance of the contract or alternatively, for refund of Rs. 1,00,000/- earnest money paid to the defendant with interest at 24% p.a. from 06.01.1996.