L. R. ANANTH Vs. S. JAYARAMACHANDRAN

JUDGEMENT

(1.) The present appeal is filed by the plaintiff challenging the order dtd. 20/1/2016 passed on issue No.8 in OS No.4088/2005 by the XXXIX Additional City Civil Judge, Bangalore City,[Hereinafter referred to as the 'Trial Court'] whereunder the Trial Court answered issue No.8 in the affirmative and dismissed the suit as barred by limitation.

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

(3.) The relevant facts necessary for consideration of the present appeal are that the plaintiff filed a suit for specific performance to direct the defendants to execute the registered Sale Deed in performance of the agreement dtd. 22/2/1996 by receiving the balance sale consideration. It is the case of the plaintiff that he agreed to purchase the suit property from the first defendant for a total sale consideration of Rs.32.00 lakhs and they entered into an Agreement of Sale dtd. 22/2/1996 with regard to the same and on the said date, an advance of Rs.5.00 lakhs was paid. That the first defendant was the General Power of Attorney Holder of the second defendant who was the owner of the property. That subsequently, after settling the tenants, the plaintiff occupied the suit property. It is further averred that the term for completion of the sale transaction was nominally fixed as 3 months. However, the defendants have failed to comply with their obligation and the transaction was not completed within the said period. However, the time for completion was extended, and that the plaintiff paid a further sum of Rs.5.00 lakhs on 27/1/1997 through a Demand Draft as also a sum of Rs.10.00 lakhs by a post dated cheque. Despite the plaintiff notifying the defendants for completion of the transaction and the plaintiff being ready and willing to perform his part of the contract, defendant Nos.1 and 2 have not completed the sale transaction. The plaintiff having noticed that the first defendant is making negotiations with other parties, the suit for specific performance was filed.