NARAYANAPPA Vs. VENKATESH AND ORS.

JUDGEMENT

(1.) This second appeal is filed by the second defendant in O.S. No. 153/1997, against judgment and decree dated 3.11.2009, passed by the Fast Track Court, Devanahalli, dismissing the appeal and confirming judgment and decree dated 16.11.2006 passed in the aforesaid suit by the Civil Judge (Jr.Dn), Devanahalli. That suit was filed by the first respondent/plaintiff seeking the relief of specific performance of agreement to sell dated 15.11.1995.

(2.) For the sake of convenience, parties would be referred to in terms of their status before the Trial Court.

(3.) The first respondent/plaintiff filed the suit seeking judgment and decree of specific performance of agreement to sell dated 15.11.1995. It is averred that the defendant No. 1 had agreed to sell the suit scheduled property bearing survey No. 45/2, measuring 18 1/2 guntas at Kurubarakunte Village, Kasaba Hobli, Devanahalli Taluk, for a valuable consideration of Rs. 38,000/ -. According to the plaintiff, on the date of the execution of the agreement, a sum of Rs. 30,000/ - has been paid by him to the defendant, who latter also delivered original sale deed pertaining to the suit property and other documents were to be handed over to the plaintiff at the time of execution of the registered sale deed on receiving balance consideration of Rs. 8,000/ -. According to the plaintiff, inspite of repeated requests, the first defendant did not come forward to execute the sale deed and therefore a legal notice dated 28.6.1996 was issued demanding specific performance of the agreement. According to the plaintiff, the first defendant gave an untenable reply and contended that he had already alienated the suit property in favour of the second defendant. According to the plaintiff, the defendant had colluded with defendant No. 2 to defeat the purpose and object of agreement to sell dated 15.11.1995 and had created a nominal sale deed amongst themselves. The plaintiff has averred that he is a bonafide purchaser and ready and willing to pay the balance consideration of Rs. 8,000/ - to defendant No. 1 plaintiff and that the second defendant is not in possession of the suit property.