SHANTHAMMA Vs. N. SIDDALINGAPPA

JUDGEMENT

(1.) This appeal is preferred by the plaintiffs assailing the judgment and decree dtd. 4/1/2016 passed in R.A.No.145/2010 on the file of VII Additional District and Sessions Judge, Bangalore Rural District, Bangalore, confirming the judgment and decree dtd. 1/4/2010 passed in O.S.No.145/1999 on the file of II Additional Civil Judge (Senior Division), Bangalore Rural District, Bangalore, dismissing the suit of the plaintiffs.

(2.) The relevant facts for the adjudication of this second appeal are that the plaintiffs are the intending purchasers of the suit schedule properties, wherein the husband of plaintiff No.1-K.N.Aswathanarayan, had entered into an agreement of sale with the defendants as per the agreement of sale dtd. 22/8/1994. It is the case of the plaintiffs that, the plaintiffs have paid Rs.5,000.00 as advance amount out of the total sale consideration amount of Rs.1,25,000.00, and thereafter paid another Rs.5,000.00 on 28/8/1994 to the defendants. It is the case of the plaintiffs that the husband of plaintiff No.1- K.N.Aswathanarayana died on 25/6/1998. It is further stated that the plaintiffs were ready and willing to perform their part of the contract in terms of the agreement of sale dtd. 22/8/1994 and therefore, the plaintiffs have issued a legal notice dtd. 6/2/1999 to the defendants calling upon the defendants to execute the registered sale deed in respect of the subject matter of the property.

(3.) It is also stated in the plaint that prior to the issuance of legal notice dtd. 6/2/1999, O.S.No.407/1998 has been preferred by plaintiff No.1 against the defendants seeking the relief of permanent injunction. Therefore, it is the case of the plaintiffs that the defendants have not given effect to the agreement of sale dtd. 22/8/1994 and accordingly the plaintiffs have preferred O.S.No.145/1999 seeking relief of specific performance of the agreement dtd. 22/8/1994.