VASANTRAO Vs. RAMACHANDRA

JUDGEMENT

(1.) THE appellant/defendant has come up with this second appeal under Section 100 CPC challenging the judgment and decree dated 10. 7. 1995 passed by the Civil Judge, Gadag in O. S. No. 63/1992 which is confirmed by the judgment and decree dated 13. 3. 2002 passed by the District Judge, Gadag in R. A. No. 24/2000.

(2.) FOR the sake of convenience, the parties will be referred to by their ranking before the trial Court.

(3.) THE brief facts of the case are that: plaintiff filed a suit before the trial Court seeking for the relief of specific performance of contract dated 31. 3. 1990 and permanent injunction in respect of the suit schedule property bearing TMC No. 412 situated at Ward No. 4, Gajendragad Town, Ron taluk. The case of the plaintiff is that the defendant entered into an agreement to sell the suit property which is consisting of two shops and zinc sheet shed and open space behind them with compound for a sum of rs. 1,80,000/- and receive Rs. 1,20,000/- towards earnest money and executed agreement of sale Ex. P. l on 30. 3. 1990. Thereafter the defendant executed registered sale deed Ex. P. 4 in respect of souther half portion of the said property for a sum of Rs. 95,000/- on 9. 8. 1990. The defendant thereafter collected from plaintiff now and then the entire balance amount of Rs. 60,000/- in respect of original agreement of sale and executed document Ex. P. 5 dated 28. 5. 1991 and gave possession of the suit property to the plaintiff. The plaintiff is running cement business in the suit property; that the defendant obstructed with the plaintiff's peaceful possession and enjoyment of the suit property and had advertised to sell the same to third parties. That the plaintiff also issued a public notice dated 10. 8. 1992 cautioning the public not to purchase the suit property. He also issued legal notice to the defendant dated 13. 8. 1992 to execute a sale deed in respect of suit property in his favour. Inspite of receipt of notice, defendant failed to comply the same nor gave any reply. That he has paid the entire sale consideration amount to the defendant and has performed his part of contract and he is ready and willing to get the sale deed executed in his favour. Hence he filed the suit.