K N KRISHNA MURTHY Vs. G K SRIDHAR

JUDGEMENT

(1.) THIS appeal is filed by the defendant being aggrieved by the judgment and decree dated 24-1-1997 passed in O. S. No. 3583/1991 by the VIII Additional city Civil Judge, Bangalore. The defendant died during the pendency of this appeal and his legal representatives have been brought on record. The plaintiff had filed a suit for specific performance and permanent injunction and the suit having been decreed, the defendant has preferred this appeal.

(2.) FOR the sake of convenience, the parties would be referred to in terms of their status before the trial Court.

(3.) ACCORDING to the plaintiff, the defendant is the owner of property bearing No. 984, i Block, Banashankari I Stage, Bangalore, the same having been allotted to him by the Bangalore development Authority, which shall hereinafter be referred to as the "schedule property". Since the defendant was in need of funds, he had approached the plaintiff agreeing to sell the schedule property to the plaintiff for a total sale consideration of Rs. 7,30,000/- and the terms and conditions were reduced into writing by an agreement of sale dated 13-4-1989. The defendant had agreed to execute the sale deed either in the name of the plaintiff or his nominee within a period of 120 days from the date of execution of the agreement of sale and on the date of agreement, the defendant had received a sum of Rs. 1,00,000/- by way of Demand Draft dated 13-4-1989 drawn on State Bank of Mysore, Fort branch, Bangalore-2, as advance sale consideration and had agreed to receive the balance sale consideration of Rs. 6,30,000/- at the time of registration of the sale deed. According to the terms and conditions of the agreement of sale, defendant had undertaken to deliver vacant possession of the schedule property at the time of registration of the sale deed in favour of the plaintiff and under clause 9 of the said Agreement, the defendant had further undertaken to obtain income-tax clearance and other necessary permission for executing the sale deed. Under clause 14 of the said Agreement, in the event of default, either parties was entitled to specifically enforce the agreement of sale dated 13-4-1989.