H.L. NARAYANA Vs. H.G. ESHWAR

JUDGEMENT

(1.) This matter is listed for admission and I have heard learned counsel for the appellant and learned counsel for the caveator-respondent.

(2.) This second appeal is filed against the concurrent finding of the Trial Court and the First Appellate Court.

(3.) The factual matrix of case of the plaintiff before the Trial Court while seeking the relief of specific performance is that defendant has executed a sale agreement on 6/8/2021 by receiving advance sale consideration of Rs.6,50,000.00 as against total consideration of Rs.7,50,000.00. It is also contented that time is the essence of contract and one year time was fixed to complete the sale transaction. But, the defendant did not come forward to execute the sale deed. Hence, legal notice was issued in terms of Ex.P5 and the same was served and no reply was given. Therefore, filed the suit for the relief of specific performance.