PRABHAVATI Vs. BHAGYAMMA

JUDGEMENT

(1.) The present appeal has been filed by the appellants/defendants seeking to set-aside the Judgment and Order dtd. 21/10/2014 in O.S.No.771/2011 passed by the learned Senior Civil Judge and JMFC at Anekal. (hereinafter referred to as "Impugned Judgment"). By the Impugned Judgment, the suit of the respondents/plaintiffs was partly-decreed and their prayer for the relief of specific performance of the contract was dismissed. In addition, the appellants/defendants were directed to refund to the respondents/plaintiffs the advance paid in sum of Rs.16,25,000.00 along with interest at the rate of 9% per annum from the date of suit. The parties are also referred to as per their title before the learned Trial Court.

(2.) This Court by its order dated on 16/4/2015 has while admitting the appeal stayed the execution of the decree.

(3.) The facts that are relevant are, that one Sri.S.Nanjundaiah, who was the husband of appellant No.1/defendant No.1 and father of appellant No.2/defendant No.2 is the owner of the property bearing Sy.No.89 measuring 1 acre 21 guntas and Sy.No.28 measuring 0.20 guntas, both situated at Bhaktipura village, Attibele Hobli, Anekal Taluk, Bangalore District (hereinafter referred to as the 'suit properties'). The said Sri.S.Nanjundaiah agreed to sell the suit properties for Rs.21,25,000.00 for which purpose an Agreement to Sell dtd. 15/11/2002 was executed in favour of one Sri. Krishnappa and Sri. Choodappa (plaintiffs) [hereinafter referred to as the "Agreement to Sell"] and an advance sale consideration of Rs.16,25,000.00 was paid. It was further agreed by the parties in the Agreement to Sell that the registered sale deed would be executed after receiving the balance consideration amount of Rs.5,00,000.00. The Agreement to Sell, however did not set out any time frame for the completion of the sale.