NANJAPPA Vs. KEMPAIAH AND ORS.

JUDGEMENT

(1.) THIS appeal is preferred by the appellant -plaintiff being aggrieved by the judgment and decree dated 26.3.2005 passed by the Additional Civil Judge (Sr. Dn.), Mandya, in R.A. No. 20/2001 setting aside the judgment and decree dated 16.1.2001 passed by the Civil Judge (Jr. Dn.) Nagamangala, in O.S. No. 80/1996.

(2.) BRIEF facts leading to the case of the parties before the trial court are that the plaintiff and defendant entered into an agreement to sell the suit schedule property on 14.3.1996. The defendant agreed to sell the suit schedule property in favour of the plaintiff for the sum of Rs. 23,790/ - by receiving advance amount of Rs. 10,000/ - and agreed to receive the balance sale consideration before the Sub Registrar, Nagaamangala and it was further agreed that within three months from the date of agreement, the defendant shall sell suit schedule property and shall also make necessary documents for completion of sale. The plaintiff requested and demanded the defendant to complete the sale transaction by receiving the balance consideration. But the defendant refused to perform his part of agreement, though the plaintiff was and is ready and willing to perform his part of contract. The plaintiff has kept the balance amount of Rs. 13,790/ - with him and ready to deposit in the Court. Hence, he filed the suit seeking specific performance of the agreement dated 14.3.1996.

(3.) ON the basis of the above pleadings, the trial court framed the following issues: