C.CHANNEGOWDA Vs. B.N.KRISHNAPPA

JUDGEMENT

(1.) This regular second appeal is filed by the appellant challenging the judgment and decree dtd. 3/12/2014 passed in R.A.No.164/2013 by the Principal District Judge, Bangalore Rural District, Bangalore, confirming the judgment and decree dtd. 14/3/2013 passed in O.S.No.154/2009 by the Senior Civil Judge and J.M.F.C., Nelamangala.

(2.) For the sake of convenience, parties are referred to as per their ranking before the trial Court. The appellant is the plaintiff and the respondent is the defendant. The plaintiff filed a suit for specific performance of contract against the defendant.

(3.) The brief facts leading rise to filing of this appeal are as under: It is the case of the plaintiff that, the defendant executed an agreement of sale dtd. 25/4/1998 and agreeing to sell the suit schedule property for consideration of Rs.3,00,000.00 and the defendant has received Rs2,80,000/- as the earnest money. It was agreed between the parties that whenever the plaintiff demands to execute a registered sale deed in his favour. It is contended that the defendant execute a registered sale deed after receiving the balance consideration amount. The plaintiff was/is ready and willing to perform his part of contract. The defendant went on postponing to receive the balance consideration amount and to execute a registered sale deed. The plaintiff got issued a legal notice on 9/8/2003, but the defendant denied to execute a registered sale deed. Hence, cause of action arose for the plaintiff to file a suit for specific performance of contract.