K MOHANA MURTHY Vs. MUNIYAPPA

JUDGEMENT

(1.) THIS is an appeal filed by the plaintiff of a case in O.S.848/08 which was pending on the file of Principal Civil Judge (Junior Divn.), Kolar.

(2.) RESPONDENTS 1 to 3 are defendants in the said suit. Parties will be referred to as plaintiff and defendants as per their ranking in the trial court.

(3.) THE 1st defendant is the father of defendants 2 and 3. Plaintiff chose to file a suit for the relief of specific performance based on an agreement of sale stated to have been executed by defendants 1 to 3 on 21.8.2004, agreeing to sell the suit schedule property for Rs.55,000/ -. It is the case of the plaintiff that the defendants and Muniyamma (wife of defendant no.1) had received Rs.30,000/ - as advance in the presence of witnesses who have attested the agreement. They have agreed to receive the balance of Rs.25,000/ - and to execute regular sale deed. In spite of several demands, defendants did not come forward and hence, he got issued a legal notice on 10.12.2008.