MAHADEVAIAH Vs. RUDRAPPA AND ORS.

JUDGEMENT

(1.) THIS is a plaintiffs appeal questioning the correctness of judgment and decree passed by the Additional District & Sessions Judge, Fast Track Court - V, Bangalore Rural District, Bengaluru dated 06.12.2010 in R.A. No. 152/2010 who set aside the judgment and decree passed by the II Addl. Civil Judge (Sr.Dn.), Bangalore (Rural) District, Bangalore, dated 02.06.2010 in O.S. No. 614/1995 whereunder, the suit filed for specific performance had been decreed in part and first defendant had been directed to refund a sum of Rs. 60,000/ - with interest @ 7% p.a. from the date of sale agreement till date of realization. This Court on 27.11.2012 has admitted this second appeal to consider the following Substantial Question of Law:

(2.) I have heard the arguments of Sri. M.B. Chandra Chooda, learned counsel appearing for appellant and Sri. Shankaranarayana Bhat, learned counsel appearing for respondent Nos. 1(A -B). Notice issued to respondent Nos. 2, 4 and 5 are served. Notice issued to respondent Nos. 3 to 6 has been held sufficient vide order dated 24.06.2014.

(3.) PLAINTIFF further pleaded that on the said date he was waiting near the Office of Sub Registrar with the balance sale consideration and first defendant did not turn up. It was pleaded that plaintiff was ever ready and willing to perform his part of the contract and defendant was avoiding and evading from performing his part of contract. Hence, suit in question came to be filed.