RAJASHREE B. NAYAK Vs. N.B.MABEN

JUDGEMENT

(1.) The captioned appeal is by the defendant questioning the relief for specific performance of contract granted by the Court below in O.S.No.29/2011.

(2.) For the sake of convenience the parties are referred to as per their rank before the trial Court.

(3.) The plaintiff, who is the tenant in possession of the suit schedule property, has instituted the present suit seeking specific performance of an agreement for sale dtd. 7/10/2009. As per the plaintiff, the agreed sale consideration was Rs.11,00,000.00, out of which a sum of Rs.1,00,000.00 was paid to the defendant on the date of execution of the agreement. The plaintiff contends that under the terms of the agreement, the defendant was required to procure all necessary documents to complete the transaction, including obtaining conversion of the suit property for non-agricultural use. It is the specific case of the plaintiff that the defendant agreed to obtain the requisite conversion order and other approvals before execution of the sale deed. The plaintiff further avers that he met the defendant in the office of her advocate, Sri B.K. Bhat, on 6/12/2009, when the defendant assured him that a single layout plan and sketch would be procured within three days, and the sale transaction would thereafter be concluded.