M.N. JAVARAIAH Vs. K. CHIKKANNA

JUDGEMENT

(1.) This second appeal is preferred by the defendant, being aggrieved by the judgment and decree passed in R.A. No. 1000/2010, dated 23.11.2011, by the Fast Track Court -IV at Mysuru, confirming the order dated 26.07.2006 passed on preliminary issue on I.A. No. 6, in O.S. No. 336/1997, by the II Addl. I Civil Judge (Jr. Dn.) Mysore.

(2.) For the sake of convenience, parties would be referred to, in terms of their status before the Trial Court.

(3.) The brief facts of the case are that the appellant herein had filed O.S. No. 336/1997, seeking specific performance of an agreement to sell dated 11.12.1983 made in favour of the plaintiff. It is averred that defendant had agreed to sell the property to him for a valuable consideration of Rs. 48,000/ -. On the date of execution of the agreement to sell, an advance consideration of Rs. 13,500/ - was paid and possession was also handed over to the plaintiff who agreed to pay the balance sale consideration within a period of six months, as stipulated in the agreement. A sum of Rs. 20,000/ - had to be paid towards further consideration and Rs. 15,000/ - had to be paid to the Karnataka Housing Board by the plaintiff at the time of registration of the sale deed by the defendant.