RENUKAMMA Vs. M.B.SHADAKSHARAPPA

JUDGEMENT

(1.) This matter is listed for admission and I have heard the learned counsel for the appellants and learned counsel for the respondent.

(2.) The factual matrix of the case of the plaintiff before the Trial Court is that the suit schedule property is self-acquired property of Gangadhara. The said Gangadhara, in order to meet his financial necessities and to discharge the loan in Vijaya Bank, Devanoor, he agreed to sell the suit property in favour of the plaintiff for a sum of Rs.1,50,000.00, wherein the plaintiff has paid an amount of Rs.1,00,000.00 as an advance sale consideration and the said amount is paid through the cheque drawn at Punjab National Bank, Hassan Branch. On 13/10/2010, the deceased Gangadhara executed an agreement of sale in favour of the plaintiff agreeing to sell the suit schedule property, wherein he has agreed to receive the balance sale consideration at the time of executing the registered sale deed and he has agreed to furnish the relevant documents and survey sketch which is necessary for getting the sale deed registered in favour of the plaintiff. It is also contended that the plaintiff was always ready and willing to perform his part of contract. The said Gangadhara died on 27/6/2013 leaving behind the present defendants as his legal heirs and also legal notice was issued and inspite of acknowledging the same, the defendants did not come forward to execute the sale deed. Hence, suit is filed for specific performance.

(3.) In pursuance of the suit summons, the defendants appeared and filed the written statement denying the very execution of sale agreement and also denied receipt of advance sale consideration by Gangadhara and also denied all other averments. Hence, the Trial Court framed issues with regard to execution of sale agreement, readiness and willingness and whether the said Gangadhara had breached the contract and whether the plaintiff is entitled for the relief.