SMT. SUNANDAMMA Vs. HANUMANTHARAYAPPA

JUDGEMENT

(1.) The unsuccessful plaintiff is before this Court against the judgment and decree dated 11-9-2012 made in R.A. No. 13 of 2007 on the file of the Civil Judge (Senior Division) and Judicial Magistrate First Class, Chinthamani confirming the judgment and decree dated 21-12-2006 made in O.S. No. 140 of 2004 on the file of the Civil Judge (Junior Division), Chinthamani dismissing the suit filed by the plaintiff for specific performance.

(2.) The present appellant who is the plaintiff in the Trial Court had filed suit for specific performance to enforce the agreement dated 28-6-1986 contending that the respondent/defendant was the owner of the suit schedule property. He has executed agreement in favour of the plaintiff for sale consideration of Rs. 9,000.00 and the defendant has received an advance amount of Rs. 4,000.00 on the date of agreement. In spite of repeated requests made, he has not executed the sale deed. The plaintiff is always ready and willing to perform his part of contract etc. Hence, he has filed the suit.

(3.) The defendant filed written statement denying the plaint averments and contended that he never executed the sale agreement in favour of plaintiff in respect of suit schedule property as alleged. Further he contended that he is the absolute owner in possession and enjoyment of the same. There was misunderstanding between the family members. Therefore, he was constrained to file a suit for partition and separate possession in the year 1998 in O.S. No. 146 of 1998 and the said suit came to be decreed in terms of the compromise petition on 9-8-2001. He further contended that he also filed a suit in O.S. No. 119 of 2004 against the present plaintiff for declaration, injunction and possession. The said suit came to be decreed on 21-12-2006 which was confirmed in R.A. No. 13 of 2007 on 11-9-2012. Therefore, he sought to dismiss the suit.