R.S. MAHESH Vs. DEVARAJ

JUDGEMENT

(1.) HEARD the learned counsel for appellant in regard to the admission. Perused the order dated 9.1.2015 passed in O.S. No. 27342/2012 on I.A. filed under Order XXXIX Rules 1 and 2 of C.P.C.

(2.) THE appellant is the plaintiff in the said suit. Admittedly, the said suit is filed for specific performance of the agreement of sale stated to have executed by defendant on 11.4.2011 agreeing to sell the suit schedule property to the plaintiff for a total consideration of Rs. 12 lakhs. It is the case of the plaintiff that the defendant has received a sum of Rs. 3,50,000/ - as advance on 11.4.2011 and has executed agreement of sale and he has agreed to execute a regular sale deed after receiving the balance sale consideration. In spite of his readiness and willingness, defendant did not come forward to execute the regular sale deed. As such, plaintiff was constrained to file suit for specific performance.

(3.) AFTER going through the records and pleadings of the respective parties, the learned Judge has held that the plaintiff has not made out the existence of a prima facie case in order to investigate into other points in an application filed under Order XXXIX Rules 1 and 2 of C.P.C.