MAHABOOB MUNAVER Vs. ASHWATHANARAYANA GUPTHA M.S.

JUDGEMENT

(1.) The present first appeal is filed by the defendant under Sec. 96 of the Code of Civil Procedure, 1908[Hereinafter referred to as the 'CPC'], challenging the judgment and decree dtd. 30/11/2015 passed in OS No.195/2012 by the Principal Senior Civil Judge at Kolar,[Hereinafter referred to as the 'Trial Court' ] whereunder the suit for specific performance filed by the plaintiff has been decreed with costs.

(2.) For the sake of convenience, the parties herein are referred as per their rank before the Trial Court.

(3.) It is the case of the plaintiff that the defendant claims to be the owner of two vacant sites[Hereinafter referred to as the 'suit property' ] and offered to sell the same and accordingly, after negotiations, the plaintiff agreed to purchase the suit property and entered into an Agreement of Sale dtd. 18/10/2010[Hereinafter referred to as the 'Agreement'], whereunder the defendant agreed to sell the suit property to the plaintiff for a total sale consideration of Rs.36,50,000.00 and received an advance amount of Rs.50,000.00 on the date of the Agreement. It was further agreed that the balance sale consideration of Rs.36.00 lakhs would be paid within three months and the Sale Deed would be executed in favour of the plaintiff.