N. NAGARAJ Vs. A.S. PRABHAKAR

JUDGEMENT

(1.) Aggrieved by the judgment and decree dated 17.9.2010 in O.S.No.16610/2003 on the file of XXVIII Addl. City Civil Judge sitting at Mayohall Unit, Bangalore, This appeal is preferred by the appellant-plaintiff.

(2.) The appellant-plaintiff and respondent-defendant entered into a sale agreement dated 19.5.2003, whereby the defendant agreed to sell the schedule property in favour of the plaintiff for a total consideration of Rs.12.00 lakhs. In pursuance of the sale agreement, defendant received a sum of Rs.3,43,653/- from the plaintiff. The balance amount was to be paid at the time of registration of the sale deed. It is stated in the plaint that the plaintiff was ever ready and willing to perform his part of the contract and to get the sale deed registered, but the defendant did not come forward to execute the sale deed. As such, the plaintiff by issuance of a legal notice as per Ex-P6 called upon the defendant to execute the sale deed by expressing his readiness and willingness to perform his part of the contract. But the defendant declined to execute the sale deed. As such, the plaintiff filed a suit for a decree of specific performance of the contract.

(3.) The defendant contested the suit. In his reply, the defendant contended that the agreement entered into between the plaintiff and the defendant is not a sale agreement, instead it pertains to a loan transaction entered into between the defendant and the plaintiff, as the defendant was in need of the money as he had obtained loan from KSC Apex Bank. Further, it is contended that the defendant was ready to repay the loan obtained from the plaintiff and hence, he sought for dismissal of the suit.