N C SEETHALAKSHMI Vs. JAYALAKSHMI

JUDGEMENT

(1.) Aggrieved by the judgment and decree passed by the trial Court in decreeing the suit of the plaintiff for specific performance by directing the defendant to receive the balance consideration of Rs.10,000/- and to execute the sale deed, the defendant has preferred this appeal.

(2.) For the sake of convenience, the parties herein are referred to as per their rankings before the trial Court.

(3.) The case of the plaintiff is that the defendant was the absolute owner of the suit schedule property bearing Sy.No.40/1 measuring 2 acres 29 guntas situated at Arebommanahalli village, Nelamangala Taluk. They entered into an agreement of sale dated 21.12.1995 for a total consideration of Rs.1,72,000/- and by receiving a sum of Rs.1,62,000/- in the presence of the witnesses. The defendant agreed to execute the sale deed by receiving the balance consideration before the Sub-Registrar. In spite of several demands being made, the defendant did not execute the sale deed.