LAWS(KAR)-2024-4-139

S.PRABHAKAR RAO Vs. NANJUNDA REDDY

Decided On April 25, 2024
S.PRABHAKAR RAO Appellant
V/S
Nanjunda Reddy Respondents

JUDGEMENT

(1.) This appeal is by the defendant challenging the impugned judgment and order passed by the First Appellate Court allowing the appeal filed by the plaintiff by reversing the dismissal of suit for specific performance.

(2.) For the sake of convenience the parties are referred to by their rank before the trial Court.

(3.) Plaintiff filed the suit for specific performance, to direct the defendant to execute sale deed as per the sale agreement dtd. 12/4/1983, contending that defendant being the owner of suit schedule property agreed to sell the same for Rs.6,255.00 and received advance of Rs.5,000.00 and put the plaintiff in possession. He agreed to receive the balance at registration. In the light of restriction under the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 (hereinafter referred to as 'the Act'), he agreed to execute sale deed at appropriate time. On 9/10/1983, for his urgent requirement, defendant received balance consideration of Rs.1,255.00 and made endorsement in the sale agreement in the presence of witnesses. After repeal of the Act, when plaintiff approached the defendant to execute the sale deed, he went on postponing and now trying to alienate the suit schedule property to third party in view of escalation of prizes of immovable properties. Plaintiff got issued a legal notice dtd. 22/1/1996, but defendant has not come forward to execute the sale deed and hence the suit.