N JAGANNATHA REDDY Vs. VENKATAMMA

JUDGEMENT

(1.) The petitioner has filed the present writ petition against the order dated 17.04.2015 passed on I.A.No.17 in O.S.No.159/2007 by the learned Civil Judge (Sr.Dn) and JMFC, Chickballapura, allowing the application under Order I Rule 10(2) of the Code of Civil Procedure filed by the proposed defendant No.2.

(2.) The present petitioner who is the plaintiff before the trial Court has filed the suit in O.S.No.159/2007 for specific performance to enforce the agreement dated 23.06.1997, said to have been executed by the defendant No.1-Venkatamma contending that defendant No.1-Venkatamma being the absolute owner in physical possession and enjoyment of the suit schedule property, on 23.06.1997 she had approached the plaintiff and requested to purchase the suit schedule property. Accordingly, plaintiff accepted the offer and entered into an agreement of sale with the defendant No.1 for valuable consideration of Rs.15,500/- per acre. Accordingly, the defendant No.1 has received an advance consideration of Rs.30,000/- from the plaintiff. Further, defendant No.1 has also agreed to execute the Registered Sale deed in favour of the plaintiff as and when she called upon by the plaintiff, on receipt of balance consideration amount at the time of registration and at the cost of the plaintiff.

(3.) It is further contended that the defendant has received a total sum of Rs.55,000/- from the plaintiff in respect of sale consideration on various dates. Inspite of repeated requests made, defendant No.1 did not come forward to execute the sale deed. Therefore, the plaintiff constrained to issue legal notice and the same was served on defendant No.1 on 02.03.2017. But the defendant No.1 refused to execute the registered sale deed. Therefore, suit was filed for the relief of specific performance.