ASHWATHANARAYAN Vs. K.P.MAHESH

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for respondent No.1.

(2.) This second appeal is filed against concurrent finding of the Trial Court in O.S.No.10/2016 dtd. 6/10/2018 directing the defendant No.1 to execute the registered agreement of sale in terms of Ex.P7 and the same is confirmed in R.A.No.6/2020 vide judgment dtd. 10/8/2022.

(3.) The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of specific performance, it is averred in the plaint that defendant No.1 being the absolute owner and in possession of 2 acress, 20 guntas of land which is morefully described in the schedule, the same was acquired by him in the family partition and he has executed the sale agreement on 7/7/2014 for sale consideration of Rs.8,00,000.00 and received advance amount of Rs.3,00,000.00 and the same is paid by way of Demand Draft and by way of cash. It is the case of the plaintiff that the period mentioned in the agreement is 1 1/2 year to perform the contract and subsequent to execution of agreement also, defendant No.1 has received another advance amount of Rs.1,00,000.00 on 30/10/2014 by way of cash and assured him to execute the sale deed. But, inspite of his demand, he did not perform his part of contract. Hence, issued legal notice on 2/12/2015 to defendant No.1. He gave untenable reply and did not come forward to execute the sale deed. Hence, he was constrained to file the suit. It is also his case that though he waited on 4/1/2016 at Sub Registrar Office by arranging the amount towards balance consideration, he did not come forward to execute the sale deed.