YALLAPPA ADOPTED FATHER BASAVANNAPPA Vs. DURGAPPA

JUDGEMENT

(1.) THE plaintiff-respondent has filed a suit for enforcement of an agreement dated 07. 04. 1986. The learned Trial Judge decreed the suit and the same has been confirmed by the learned appellate Judge. Hence, the second appeal.

(2.) DURING the course of this judgment, the parties would be referred to as per their ranking in the trial Court.

(3.) THE facts leading to filing of the second appeal can be summarised as follows: it is the case of the plaintiff that the defendant is the absolute owner of the suit schedule property and he had agreed to sell the same for a sum of Rs. 25,000/ -. The defendant agreed to sell the land on 07. 04. 1986 after receiving earnest money of Rs. 7,100/- and has executed a document. The said document IB dated 07. 04. 1986 and the said document was executed by the defendant in front of the witnesses. It is the case of the plaintiff that the balance amount of Rs. 17,900/- was required to be paid at the time of execution of the regular sale deed and the expenses were to be borne equally by both plaintiff and the defendant. Pursuant to the said agreement, the plaintiff was put in possession and he has grown potato and groundnut for the relevant agricultural year. It is also averred that the plaintiff is ready and willing to perform his part of the contract and the same was intimated to the defendant, calling upon him to execute the sale deed. But however, the defendant did not do so, but went on postponing the execution of the sale deed. In the circumstance, a notice was issued on 28. 04. 1989 calling upon the defendant to execute the said sale deed. Since there was no response, the plaintiff was constrained to enforce the said sale agreement.