S.L.KRISHNEGOWDA Vs. G.H.VASANTH

JUDGEMENT

(1.) This second appeal is filed against the concurrent finding of the Trial Court as well as the First Appellate Court.

(2.) This matter is listed for admission. Heard the learned counsel appearing for the appellants.

(3.) The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of specific performance is that defendants have entered into the sale agreement on 10/1/2019 with the plaintiff and the plaintiff paid the earnest money of Rs.6,50,000.00 as against Rs.7,25,000.00 and time was fixed for 11 months for completion of the sale agreement. But the defendants did not come forward to execute the sale deed. Hence, the plaintiff had issued the notice. When the defendants did not come forward to execute the sale deed after issuance of notice, filed the suit for specific performance. The specific pleading of he plaintiff that he was always ready and willing to perform his part of contract. The defendants took the specific defence in the written statement that the agreement is only for security towards the discharge of loan of Rs.5,00,000.00 advanced from the plaintiff and not the sale transaction.