V THIPPAMMA Vs. G. HEMAVATHI

JUDGEMENT

(1.) The legality and the correctness of the judgment and decree passed by the Civil Judge (Senior Division) and J.M.F.C. Hospet, in O.S. 82/2002 dated 26/06/2006 is called in question in this appeal, by the appellant. The appellant was defendant No. 1 in the suit filed by the respondent No.1. The second respondent was defendant No.2 before the Court below. For the sake of convenience the parties would be referred to as per their status before the Court below.

(2.) Plaintiff G. Hemavathi filed the suit against the defendants directing the defendants to execute the sale deed in respect of the plaint schedule property by receiving balance sale consideration of Rs. 25,000/- or in the alternative for refund of earnest money of Rs.3,00,000/- with interest. According to the plaint averments defendant No.1 is the owner of the suit property. She agreed to sell the same in favour of the plaintiff for a sum of Rs.3,25,000/-. The plaintiff paid a sum of Rs.3,00,000/- as advance sale consideration, to the defendant No.1 under a registered agreement of sale dated 4/7/2001 and the same was registered before Sub-registrar on 5/7/2001.

(3.) Plaintiff had agreed to pay remaining sale consideration of Rs. 25,000/- within two years from the date of execution of the agreement of sale. On the ground that the plaintiff was ready and willing to pay the balance consideration of Rs. 25,000/- and was willing to get the sale deed at her cost, in her favour and since defendant failed to execute the sale deed plaintiff filed a suit against the defendant No.1 for the aforesaid relief.