PANDUREDDY Vs. RAVINDRANATH

JUDGEMENT

(1.) The captioned appeal is filed by the plaintiff questioning the dismissal of the suit in O.S.No.34/2014 by the Additional Senior Civil Judge, Gadag wherein the suit filed for the relief of specific performance of the contract based on an agreement dtd. 26/4/2011 is dismissed on the ground that the plaintiff has failed to prove the due execution of the suit agreement.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the trial court.

(3.) Brief facts leading to the case are as under: The plaintiff has filed the present suit alleging that the defendant offered to sell the suit property for consideration of Rs.1,62,500.00 per acre, and accordingly, executed agreement to sell on 25/4/2011 by receiving earnest money of Rs.8,25,000.00. The present suit is filed alleging that though the plaintiff is ever ready and willing to perform his part of the contract and he had kept the balance sale consideration of Rs.9,21,875.00 ready, despite legal notice issued by the plaintiff, the defendant failed to come forward to complete the transaction. Hence, the present suit.