H. M. MAHADEVAPPA Vs. P. LOKESHA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and also the learned counsel for the respondents. This second appeal is filed against the concurrent finding in granting the relief of specific performance in O.S.No.381/2013 and in R.A.No.44/2015.

(2.) The parties are referred to as per their original rankings before the Trial Court, in order to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of case of the plaintiff before the Trial Court that defendant entered into agreement dtd. 28/5/2012 with the plaintiff to sell the suit schedule property for a sale consideration of Rs.2,89,000.00and paid earnest money of Rs.2,00,000.00 and balance amount payable at the time of registering the document. It also his case that he is always ready and willing to perform his part of contract. The defendant has appeared and filed written statement contending that the plaintiff is a professional money lender and he advanced the money to the several persons. They have only borrowed Rs.2,00,000.00 and executed agreement of sale as security for the said amount of Rs.2,00,000.00 and the land value of the said property is more than Rs.20,00,000.00 and contended that they are ready to pay the principle amount together with interest in which the Court directs to pay the plaintiff. The suit schedule properties are very valuable land and with an intention to grab the suit schedule properties for lower price, filed a suit for the relief of specific performance. The Trial Court having considered the pleadings of the parties, framed the following issues: