MABUSAB Vs. GOVINDAPPA

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment and decree passed by the III Additional Civil Judge (Sr.Dn.), Dharwad, thereby decreeing the suit O.S. No. 275/2004 granting specific performance of the contract with the relief of possession of the suit property in favour of the plaintiff -respondent herein.

(2.) APPELLANT was the defendant before the Trial Court. Plaintiff -respondent herein filed the suit seeking decree of specific performance of the agreement dated 27.09.2001. As per the said agreement, the defendant agreed to sell the suit schedule property bearing R.S. No. 521/B measuring 7 acres situated at Annigeri Village in Navalgund taluk of Dharwad District, for a sum of Rs. 3,50,000/ -. An amount of Rs. 3,00,000/ - was paid on the date of the agreement. Balance amount of Rs. 50,000/ - was agreed to be paid at the time of execution of sale deed. Sale deed had to be executed within three years.

(3.) IT is his further case that the balance amount of Rs. 50,000/ - was arranged by him within a short period and called upon the defendant to receive the same and execute the registered sale deed, but the defendant postponed the same. He got issued a legal notice to the defendant on 02.09.2004 which was met with an untenable reply dated 10.09.2004 whereby the execution of the agreement itself and the payment of Rs. 3,00,000/ - was disputed. Hence, the plaintiff instituted the suit.