SUDHAKARA S. SHETTY Vs. PUTTANANJJE GOWDA

JUDGEMENT

(1.) This appeal is filed by the plaintiff challenging the judgment and decree dtd. 31/10/2015 in Original Suit No.1000 of 2005 passed by the Principal Judge, Small Causes and Senior Civil Judge, Mysuru, thereby, the suit filed by the plaintiff for specific performance of agreement is dismissed.

(2.) For the purpose of convenience, ranking of the parties is referred to as per their status before the trial Court.

(3.) It is the case of the plaintiff that defendant Nos.1 to 5 are the owners of the suit schedule property. On 17/7/2005, defendant Nos.1 to 5 entered into agreement of sale to sell the property to the plaintiff for a consideration of Rs.2.75 lakh and received a sum of Rs.2.00 lakh as advance from the plaintiff by cheque and put the plaintiff in possession of the suit land and it was agreed that defendant Nos.1 to 5 shall execute the sale deed whenever called upon by the plaintiff and received the balance sale consideration of Rs.75,000.00. Further, it is the case of the plaintiff that one more sale agreement was executed enhancing the sale consideration from Rs.2.75 lakh to Rs.14.00 lakh. In addition to Rs.2.00 lakh already paid, the plaintiff paid another sum of Rs.5.00 lakh to defendant Nos.1 to 5 through cheque and revised agreement of sale dtd. 6/10/2005 was executed. However, the plaintiff made several requests to defendant Nos.1 to 5 to execute the registered sale deed, but defendant Nos.1 to 5 failed to execute the registered sale deed in spite of legal notice sent by the plaintiff. Therefore, the plaintiff is constrained to file a suit for specific performance of agreement.