(1.) REVISION Petitioner - defendant in O.S. No. 607/2008 filed an application I.A. No. 10 under Section 28 of the Specific Relief Act (for short, 'the Act') seeking rescission of the Agreement of Sale dated 25.03.2006 and also the decree for specific performance granted on 23.05.2011, alleging that plaintiff had failed to pay balance sale consideration of Rs. 99,89,175/ -. By the impugned order dated 18.03.2015, learned I Additional Senior Civil Judge, Mysuru, has dismissed the said application. Aggrieved by the same, the present revision petition is filed under Section 115 CPC.
(2.) FACTS briefly stated, relevant for the disposal of this revision petition are that respondent herein filed a suit for specific performance contending inter alia that as per the Agreement dated 25.03.2006, the suit schedule land situated at Mysuru was agreed to be sold for a sum of Rs. 1,91,00,000/ -. Advance amount of Rs. 91,50,000/ - was paid and balance amount of Rs. 99,89,175/ - was agreed to be paid at the time of registration of the Sale Deed. The suit was decreed on 23.05.2011. Operative portion of the judgment reads as under:
(3.) THE court below also took note of the fact that plaintiff had even produced xerox copy of the Demand Draft dated 08.08.2011 for a sum of Rs. 99,89,175/ - payable to the defendant which also disclosed that plaintiff was ready and willing to pay the balance consideration to the defendant to execute the Sale Deed, but the defendant did not come forward to execute the Sale Deed. The Court below has also noticed that plaintiff had filed an application under Section 151 CPC in the suit on 19.01.2012 narrating certain further developments leading to filing of several suits by a group of persons against the defendant in respect of the very suit property and the matter was pending in Regular Second Appeal before this Court, wherein plaintiff had made efforts to get himself impleaded. Thus the Trial Court has come to the conclusion that prayer made for rescission of the contract could not be entertained.