(1.) This appeal is arising from the judgment and decree passed in O.S.No.402/2006 on the file of I Additional Senior Civil Judge, Shivamogga (for short 'trial Court').
(2.) The suit is one for specific performance of the contract. The execution of the Agreement for Sale dtd. 16/6/2006 by the defendant in favour of the plaintiff is not in dispute. In terms of the said Agreement for Sale dtd. 16/6/2006, the defendant agreed to sell the suit schedule property measuring 20 guntas in Survey No.141/1, situated at Navule Village, Taluk Shivamogga, for a valuable consideration of a sum of Rs.12,63,240.00. The Agreement further reveals that the plaintiff on the said date paid a sum of Rs.2.00 lakhs as advance sale consideration to the defendant. The Agreement further reveals that the land is located in the Green Belt area and the defendant was required to file necessary application for conversion of the land for residential use, and thereafter the property had to be sold to the plaintiff and the plaintiff was required to pay the balance sale consideration amount to the defendant. Two months was fixed under the Agreement to complete the transaction.
(3.) The plaintiff issued a notice dtd. 1/8/2006 i.e., before the expiry of two months, calling upon the defendant to execute the registered Sale Deed. The defendant replied to the said notice expressing willingness to execute the Sale Deed in favour of the plaintiff. However, the suit is filed on 7/12/2006 seeking the specific performance of the contract on the premise that the defendant did not come forward to sell the property by getting the land use converted.