M LAKSHMIPATHAIAH Vs. HANUMAKKA

JUDGEMENT

(1.) This is a plaintiff's second appeal calling in question the correctness of Judgment and decree passed by Fast Track Court No.1, Bangalore Rural District, Bangalore dated 28.10.2011 in R.A.284/2010 whereunder the suit filed by plaintiff-appellant for specific enforcement of agreement of sale dated 28.10.2005 had been dismissed and affirmed by the lower Appellate Court.

(2.) The thrust of arguments of Sri.S.A.Khadri, learned counsel appearing for appellant is that the courts below erred in not considering the fact that plaintiff with all earnestness had approached the defendant requesting her to execute the sale deed and though it was agreed by her under the agreement of sale dated 28.10.2005 Exhibit P-1 that within one month plaintiff had to obtain the sale deed, on account of khatha of the suit schedule property not having been transferred to the name of defendant execution of sale deed was postponed and at the instance of plaintiff khatha was obtained namely a consolidated khatha was obtained as evidenced in Exhibit P-2 on 16.08.2006 and as such plaintiff had not approached defendant to execute the sale deed till this date. He contends this vital evidence has been ignored by the courts below giving rise for this appeal and as such he prays for formulating the substantial question of law and answering the same in favour of the appellant.

(3.) Per contra Sri.G.B.Nandish Gowda, learned counsel appearing for respondent has defended the Judgment and decree passed by the courts below insofar as dismissing the suit filed by the plaintiff.