NAGENDRA LAXMANSA KABADI Vs. CHANDRAKANT CHUNNILAL JAIN

JUDGEMENT

(1.) This First Appeal is preferred by defendant Nos.1 to 8, challenging the judgment and decree dtd. 8/8/2017 passed in Original Suit No.157/2012 on the file of the III Additional Senior Civil Judge and CJM, Dharwad, (for short, hereinafter referred to as 'Trial Court'), decreeing the suit of the plaintiffs.

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

(3.) The facts in brief are that, the father of the defendant Nos.6 to 8 (Ashok) along with defendant Nos.1 to 4, have purchased the land bearing survey No.2A/1+2+3, measuring 4 acres 20 guntas and 20 square yards near German Hospital, Dharwad, as per the registered sale deed dtd. 22/2/2002. Thereafter, the schedule property was converted for non-agricultural purpose and new number was assigned as CTS No.4B/NL. It is further averred that, the defendant Nos.1 to 8 constitute joint family and as such, registered partition deed dtd. 17/3/2010 has been entered into between the members of the joint family. It is further stated in the plaint that, the defendants, on account of their legal necessity, offered to sell the suit schedule property in favour of the plaintiffs and as such, after negotiation between the parties, defendants agreed to sell the suit schedule property for a sum of Rs.87,90,500.00 in favour of the plaintiffs and as such, the plaintiffs have paid Rs.18,00,000.00 towards earnest money and accordingly the parties have reduced the terms and conditions of their negotiation as per the Registered Agreement of sale dtd. 9/8/2010. Pursuant to the same, the defendants have executed Registered Confirmation deed on 12/8/2010, agreeing to execute the registered sale deed in favour of the plaintiffs. It is also stated that, the defendants have handed over the original title deeds in favour of the plaintiffs. It is the case of the plaintiffs that, the plaintiffs were ready and willing to perform their contractual obligation in terms of the agreement of sale dtd. 9/8/2010, however, the defendants have not shown any interest to complete the transactions and accordingly, the plaintiffs have issued legal notice dtd. 21/5/2012 calling upon the defendants to complete the sale transaction in respect of the schedule property. The defendants have not responded to the legal notice issued by the plaintiffs and as such, the plaintiffs filed O.S.No.157/2012 on the file of the trial Court seeking relief of specific performance of the contract.