HABIB KHAN Vs. MOHAMMAD AHAMAD

JUDGEMENT

(1.) This appeal is preferred by the plaintiff challenging the Judgment and Decree dtd. 1/10/2024 passed in O.S.No.178/2019 on the file of the Principal Senior Civil Judge and CJM at Shivamogga, dismissing the suit. The suit was filed seeking specific performance of a Contract dtd. 7/4/2024 and to execute a Sale Deed in favour of the plaintiff by receiving balance consideration in respect of the suit schedule properties.

(2.) We have heard Shri. H.S. Santhosh, learned counsel appearing for the appellant and Shri. S.V. Prakash, learned counsel appearing for respondents No.1 to 8.

(3.) The plaint averments were as follows:- The plaintiff entered into an Agreement of Sale dtd. 7/4/2014 with the defendants in respect of the suit schedule property for a sale consideration of Rs.37,18,000.00. Under the said agreement, the defendants received Rs.9,00,000.00 as advance and agreed to receive the balance amount of Rs.28,18,000.00, upon furnishing the records relating to the suit schedule property and to execute a registered Sale Deed within three months thereafter. Defendants are the absolute owners of the suit schedule property. The suit schedule property was represented to be free from liabilities, loan or encumbrances. The plaintiff was ready and willing to perform his part of the contract and had made repeated demands to the defendants to receive the balance sale consideration and execute a registered Sale Deed dtd. 7/4/2014. On 27/12/2016, the plaintiff paid a further sum of Rs.6,00,000.00 towards the balance sale consideration. However, the defendants have failed to deliver the original documents of title and have not come forward to execute the Sale Deed as agreed. In spite of several requests and reminders, the defendants had not furnished the necessary revenue and survey documents nor complied with the terms of the agreement. Consequently, the plaintiff issued a legal notice dtd. 18/6/2019 calling upon the defendants to perform their part of the contract. Despite the service of the notice, the defendants did not comply with the same. On these pleadings the relief of specific performance of the agreement dtd. 7/4/2014 was sought.