RAMACHANDRA Vs. KRISHNA MURTHY

JUDGEMENT

(1.) This appeal is filed by the plaintiff challenging the judgment and decree dtd. 10/12/2014 passed in RA.No.46 of 2010 on the file of the Senior Civil Judge, Gubbi, dismissing the appeal and confirming the judgment and decree dtd. 15/11/2010 passed in OS.No.140 of 2005 on the file of the Principal Civil Judge, Gubbi, dismissing the suit of the plaintiff.

(2.) For the sake of convenience, the parties in this appeal shall be referred to in terms of their status and ranking before the trial Court.

(3.) The case of the plaintiff, as stated in the plaint, is that he and the defendant's father-Narasimhaiah, entered into an Agreement of Sale dtd. 10/10/2000, whereby the plaintiff agreed to purchase the suit schedule property for a total consideration of Rs.50,000.00. On the date of the agreement, the plaintiff paid Rs.30,000.00 as advance sale consideration. As per the terms of the agreement, the parties agreed to execute a registered sale deed within three years from the date of execution of the agreement. The plaintiff has averred that the defendant's father passed away on 9/9/2002, and subsequently, the defendant attempted to alienate the suit schedule property. The plaintiff claims that he was always ready and willing to perform his part of the contract and, therefore, filed a suit in O.S. No. 140 of 2005, seeking specific performance of the Agreement of Sale dtd. 10/10/2000.