SMT K LAKSHMI Vs. SRI M MURUGESH

JUDGEMENT

(1.) This regular first appeal is filed by the first defendant in O S No.289/2009 on the file of XI Additional City Civil Judge, Bangalore City being aggrieved of the judgment and decree dated 14.3.2016 passed therein directing defendants No.1 to 5 to execute registered sale deed in favour of the plaintiff within three months after receiving balance sale consideration of Rs.78,000/-.

(2.) The parties would be referred to as per their ranking in the court below for the sake of convenience.

(3.) First respondent -plaintiff filed the above suit as against the appellant - first defendant and respondents 2 to 5 who were defendants 2 to 5 for the relief of specific performance of agreement of sale dated 3.11.1999. The defendant No.6 was the Bank. It is the case of the plaintiff that he entered into agreement of sale dated 3.11.1999 with the first defendant for purchasing the suit schedule property for a sale consideration of Rs.3,30,000/-. On the date of agreement, the plaintiff paid an advance of Rs.1,60,000/- and agreed to pay the balance amount of Rs.1,70,000/- on or before six months and get the sale deed executed and registered. He was ready and willing to perform his part of obligation and requested the defendant No.1 to execute the sale deed after receiving the balance of sale consideration. The first defendant did not respond to the request of the plaintiff and on the contrary the first defendant offered the suit schedule property as a collateral security for the loan raised by one Mr.Radhakrishna from Karnataka Industrial Cooperative Bank Ltd., The plaintiff got issued legal notice dated 13.2.2002 to the first defendant, there was no reply. The first defendant and her legal heirs executed a letter of undertaking confirming that the suit schedule property is pledged with the Karnataka Industrial Cooperative Bank Ltd., Mr.Radhakrishna failed to repay the loan amount, thereby at the instance of first defendant, the plaintiff paid a total sum of Rs.42,000/- to the bank.