SHARANABASAPPA Vs. KARNATAKA KHADI WORKERS ASSOCIATION AND ORS.

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the judgment and decree passed in O.S. No. 66/2010 dated 03.02.2011 on the file of Addl. Senior Civil Judge, Gadag.

(2.) For the sake of convenience, parties are referred to by their respective ranking before the trial Court.

(3.) The plaintiff filed the above suit for specific performance of an agreement to sell dated 27.08.2009. It is the case of the plaintiff that defendant No. 1 is the absolute owner in actual possession and enjoyment of the suit schedule property. When defendant No. 1 is in dire need of money to clear off the debts, it intended to sell the suit schedule property. Therefore, they passed a resolution in the meeting No. 191 of defendant No. 1 Association and as per the offer and negotiations held between the plaintiff and defendants, defendants agreed to sell the suit schedule property to the plaintiff for a total consideration of Rs. 15,75,000/ -. In pursuance of the said negotiation, they entered into an agreement of sale and the plaintiff has paid the sum of Rs. 5,00,000/ - through cheque dated 02.09. 2009 and Rs. 50,000/ - in cash as part of sale consideration, and accordingly, the agreement dated 27.08.2009 was executed by defendants in favour of the plaintiff. It is further contended that plaintiff approached the defendants several times and requested them to execute and register the sale deed and deliver the possession of the suit schedule property by receiving the balance of sale consideration. But the defendants went on postponing the execution of the sale deed on one or the other pretext. The plaintiff was always ready and willing to perform his part of the contract. The plaintiff got issued the legal notice through his counsel on 21.04.2010 calling upon the defendants to execute the registered sale deed. However, the defendants failed to perform their part of the contract.