V.P. VENKATESH Vs. G. PADMAVATHI

JUDGEMENT

(1.) Heard the learned Counsel for the appellant and the learned Counsel for the respondent.

(2.) The appellant was the plaintiff before the trial court and had filed a suit for specific performance of contract. It was stated that the defendant was the absolute owner of a property bearing No.10/6, 6th Main, Magadi Road Chord Road, Corporation Division No.29, Govindarajanagar, Bangalore 560 040, which was morefully described in the suit schedule.

(3.) The learned Counsel for the appellant would contend that the court below has indeed found in favour of the plaintiff insofar as the execution of the agreement of sale is concerned. It was also accepted by the trial corut that the plaintiff had paid a sum of Rs.4,00,000/- as advance to the defendant under an agreement of sale dated 12.1.2000. It is therefore unclear and inexplicable that the court below had then proceeded to hold that the plaintiff was required to have the sale deed executed within three months from the date of the agreement and since the date had expired on 12.4.2000, no steps were taken to institute the suit and even the notice calling upon the defendant to execute the sale deed had been issued much after 12.4.2000 and the notice having been issued on 8.5.2000, there was initial delay and to compound the delay in initiating appropriate action, the suit was filed on 31.1.2003.