K GAJENDRAN Vs. CHIKKATHIMMA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 10. 03. 2005 in O. S. No. 5100/1998 passed by the 11th Additional city Civil Judge, Bangalore city, partly decreeing the suit of plaintiff for refund of advance money and rejecting the relief of specific performance of agreement of sale.

(2.) APPELLANT is the plaintiff and respondents are the defendants before the trial Court. In this judgment the parties are referred to by their status before the trial Court.

(3.) DEFENDANTS are owners of 16 guntas of land in survey No. 5/ 1 of Singasandra village, Begur hobli, Bangalore south taluk, hereinafter referred to as the schedule property. Defendants entered into an agreement of sale with the plaintiff on 29. 06. 1995 agreeing to sell the schedule property at the rate of Rs. 120/- per square feet subject to the availability of actual measurement of the schedule property. Under the agreement of sale plaintiff has paid an advance amount of Rs. 3. 00 lakhs to the defendants. Despite repeated requests, demands and notices, the defendants refused to execute a registered sale deed in favour of the plaintiff by accepting the balance of sale consideration. The plaintiff having no other alternative filed a suit in O. S. No. 5100/-1998 against the defendants for a decree of specific performance of agreement of sale.