RAMAIAH AND ORS. Vs. DODDAKKAIMMA AND ORS.

JUDGEMENT

(1.) THIS second appeal is filed by the plaintiffs in O.S. No. 622/1994, assailing the judgment and decree passed in R.A. No. 30/2006 dated 17.03.2014 by the III Addl. District and Sessions Jude, Bangalore Rural District, sitting at Anekal, confirming the judgment and decree passed by the Addl. Civil Judge and JMFC, Anekal in O.S. No. 622/1994.

(2.) BRIEFLY stated, the facts are that the appellant -Ramaiah has filed the suit seeking specific performance of agreement to sell dated 29.10.1986. According to him, the suit schedule properties, which are agricultural lands were agreed to be sold by defendants No. 1 and 2 in favour of the plaintiff for a valuable consideration of Rs. 24,000/ -. On the date of agreement, a sum of Rs. 2,000/ - was paid by way of advance sale consideration. Subsequently, a sum of Rs. 17,000/ - was paid. Thereupon, additional sale consideration of Rs. 1,500/ - was paid to the defendants and that, additional agreement was entered into on 06.02.1987. Thus, it is the case of the plaintiff that out of a sum of Rs. 24,000/ -, a sum of Rs. 20,500/ - had been paid to defendant Nos. 1 and 2. That the sale deed has to be registered within a specific period of time but the defendants No. 1 and 2 did not come forward to register the sale deed, despite repeated requests made by the plaintiff. Hence, the plaintiff was constrained to file the suit seeking specific performance of agreement dated 06.02.1987.

(3.) ON the basis of the pleadings, the trial Court framed the following issues for its consideration: