(1.) The regular first appeal is filed by the defendants challenging the judgment and decree dtd. 31/7/2012 passed in O.S.No.90/2009 by the Court of First Addl. Senior Civil Judge, Hubli, thereby the suit filed by the plaintiffs for specific performance of contract is decreed in full directing the defendants to execute the registered sale deed in favour of the plaintiffs by receiving the balance sale consideration amount.
(2.) Rank of the parties are referred to as per their rankings before the trial court.
(3.) It is the case of the plaintiffs that the defendants are owners of suit schedule property and they had asked for financial assistance from the plaintiffs in the first week of March, 2007 and offered to sell the suit schedule property to the plaintiffs. The defendants agreed to sell suit property for a total sale consideration of Rs.11,25,000.00 and the plaintiffs have agreed to purchase the said property. Accordingly, agreement of sale dtd. 6/3/2007 was executed and the plaintiffs have paid a sum of Rs.2,50,000.00 through pay order of State Bank of India, Hubli, for Rs.1,50,000.00 and another sum of Rs.1,00,000.00 was paid through cheque of Bank of Maharastra.