CHHANDSI ABROL Vs. M.T. RANGASWAMY

JUDGEMENT

(1.) This appeal is directed against the judgment and decree, dated 24.11.2009 passed by the Court of the XXV Additional City Civil Judge, Bangalore (CCH-23) in O.S. No. 1736/2005. The parties are referred to as per their rankings in the suit proceedings.

(2.) The plaintiff's case in brief is that the Railway Men's House Building Co-operative Society Limited ('R.H.C. Society' for short) allotted the suit site to the defendant No. 1. The defendant No. 1, agreeing to sell the same to the plaintiff for his family necessity for Rs. 9,00,000/- entered into the agreement, dated 9.2.2004. He took the advance of Rs. 1,50,000/- from the plaintiff. Subsequently, the plaintiff gave Rs. 4,50,000/- to the defendant No. 1 towards the sale consideration. The said Society executed the sale deed, dated 12.2.2004 in favour of the defendant No. 1. On 7.8.2004, the defendant No. 1 handed over the original sale deed, letter of confirmation and Possession Certificate issued by the said Society to the plaintiff. On being put in possession of the suit property, the plaintiff put up the fence. The plaintiff has always been ready and willing to pay the balance amount of Rs. 3,00,000/- and get the sale deed registered in his name.

(3.) The defendant No. 1 failed to get the Khatha changed in his name and to execute the sale deed in favour of the plaintiff. On the other hand, the defendant No. 1 caused the issuance of the legal notice, dated 23.8.2004 terminating the agreement. Further, the defendant No. 1 sold the suit property to the defendant No. 2 by a registered sale deed, dated 27.8.2004. The plaintiff filed the suit for specific performance of the contract and in the alternative, for refund of the advance consideration amount of Rs. 6,00,000/- with interest at 18% p.a. and also for damages.