M.V. PREMA CHANDRA Vs. SAROJAMMA

JUDGEMENT

(1.) Being aggrieved by the rejection of their prayer to grant the relief of specific performance, the plaintiffs of an original suit bearing O.S. No. 87/2010 which was pending on the file of the Court of Senior Civil Judge, Madikere, have filed this appeal under Section 96 of CPC. Respondents are the defendants in the said suit.

(2.) Facts leading to the filing of this appeal are as follows:

(3.) Inspite of several oral demands, B.V. Yogananda went on postponing to execute the sale deed on one pretext or the other and died on 01.06.2010. Hence, plaintiffs waited for sometime so that the defendants would come forward to execute the sale deed. Finally the plaintiffs approached the defendants demanding them to execute the sale deed by receiving the sale consideration. Since the defendants did not comply with their demand, a suit was got filed seeking the relief of specific performance alternatively, for refund of advance amount of Rs. 95 lakhs with interest thereon along with costs of the suit.