NINGANNA AND ORS. Vs. BHAGYAMMA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree in R.A. No. 39/2009 dated 08.06.2011 on the file of the Principal District Judge at Mandya.

(2.) THE respondent was the plaintiff in O.S. No. 146/2006 and the appellants were the defendants. The plaintiff filed the said suit for specific performance of an agreement of sale dated 15.07.2004. According to her, the defendants had executed the aforesaid agreement agreeing to sell the suit schedule property for a total consideration of Rs. 60,000/ - and executed an agreement at Ex -P1 dated 15.07.2004. The defendants had received a sum of Rs. 50,000/ - as advance out of the agreed sale consideration of Rs. 60,000/ - in the presence of Sub Registrar when the agreement was presented for registration. The defendants had agreed to receive the balance of consideration of Rs. 10,000/ - within two years from 15.07.2004 and execute the sale deed. They had also agreed to hand over the possession of the suit schedule property. It is further contended that despite repeated demands, the defendants failed to receive the balance of the amount and executed the sale deed.

(3.) ON the basis of the pleadings of the parties, the trial court has framed the following issues and additional issues: