NINGAMMA AND ORS. Vs. M.S. AZEEZUDDIN

JUDGEMENT

(1.) THIS is an appeal by the defendants in a suit for Specific performance of contract. It was the plaintiffs case that one Balaji Siddaiah was the absolute owner of the dry land bearing Survey No. 27/2C -1 measuring about 14 guntas and land bearing survey No. 27/2C -2 measuring about 1 acre and 33 guntas, totally measuring about 2 acres and 7 guntas at Sethugalli, kasaba hobli, Mysore Taluk. On the demise of Balaji Siddaiah, the defendants are said to have succeeded to the estate of Siddaiah.

(2.) IT was claimed that the defendants sold 14 guntas of land in Sy. No. 27/2 C -1 to the Mysore Urban Development Authority. It was further claimed that under an agreement of sale dated 2.8.2004, the defendants had jointly agreed to sell 15 guntas of land bearing Sy. No. 27/2C -2, for a sum of Rs. 12.75 lakh and had received an advance sum of Rs. 2 lakh, towards the sale consideration. The sale deed was to be executed within a period of 3 months from the execution of the sale agreement.

(3.) ALTERNATIVELY , whether plaintiff is entitled for recovery of Rs. 6,00,000/ - as damages?