MAHABEER MALLARAJ URS Vs. V. SRINIVASA

JUDGEMENT

(1.) I. PREFACE: The present regular first appeal has been filed by the appellant/defendant under Sec. 96 read with Order XLI Rule 1 of the Code of Civil Procedure 1908 (hereinafter referred to as 'the CPC') impugning the judgment and decree dtd. 10/10/2013 passed by the Principal Senior Civil Judge and CJM, Ramanagara, in O.S.No.297/2008 instituted by the plaintiffs/ respondents herein seeking specific performance of the Agreement of Sale dtd. 17/9/2005, in respect of the suit schedule properties, by receiving the balance sale consideration of Rs.50,41,875.00 (Rupees Fifty Lakhs Forty One Thousand Eight Hundred and Seventy Five Only).

(2.) Parties are referred to as per the ranking before the Trial Court for the sake of convenience.

(3.) The case of the plaintiffs before the trial Court in sum and substance was that the appellant/defendant was the owner and possessor of agricultural lands situated at Nidagal, Aralalsandra Village, Kasaba Hobli, Kanakapura Taluk, formerly Bangalore Rural District, presently Ramanagara District, totally ad measuring 34 acres 21 guntas comprised of nine survey numbers (herein after referred to as 'the suit schedule properties'). The defendant having got absolute saleable right over the suit schedule properties, offered to sell the suit schedule properties in favour of plaintiffs and the plaintiffs after verifying the documents agreed to purchase the suit schedule properties for consideration of a sum of Rs.60,41,875.00. On 17/9/2005, plaintiffs and the defendant entered into registered Agreement of Sale (Ex.P2) and on the date of the agreement, the defendant received a sum of Rs.10,00,000.00 (Rupees Ten Lakhs Only) as advance amount and balance sale consideration of Rs.50,41,875.00 (Rupees Fifty Lakhs Forty One Thousand Eight Hundred and Seventy Five Only) was to be paid at the time of execution of the registered sale deed in favour of the defendant i.e. on or before 15/11/2005.