C.H.MANILAL Vs. K.RAMACHANDRA RAJU

JUDGEMENT

(1.) In this appeal, the plaintiff has challenged the judgment dtd. 11/6/2018 passed in O.S.No.95/2014 by the Senior Civil Judge at Koppal (hereinafter referred to as 'the Trial Court', for short), in refusing to grant the relief of specific performance and directing the defendant to refund an advance amount with interest at 18% p.a.

(2.) The appellant was the plaintiff and respondent was the defendant before the Trial Court. For the sake of convenience, the rank of the parties will be referred to as per their status before the Trial Court.

(3.) The brief facts of the case are, the land in R.S.No.14/1 measuring 01 acre, 14/3 measuring 05 acres and 14/4 measuring 05 acres, situated in Sultanpur village, Taluk and District Koppal, is belonging to the defendant. The defendant approached the plaintiff for alienation of the said properties for his legal necessity on 23/5/2014, agreeing to sell the said lands for a consideration of Rs.16,50,000.00 and received part consideration of Rs.10,00,000.00. It was further agreed by the defendant that balance consideration of Rs.6,50,000.00 will be received at the time of registration of the sale deed within three months. The defendant executed a registered agreement of sale on 23/5/2014 receiving the part consideration.