SMT. SHANTAVVA Vs. SMT. KASUMAVATI AND OTHERS

JUDGEMENT

(1.) The appellant herein is the plaintiff before the trial Court who has filed a suit in O.S. No.488/2010 seeking an order of specific performance of an agreement alleged to have been executed by the defendants by virtue of a registered sale agreement dated 11.09.2004 agreeing to sell the property in dispute for a sum of Rs. 4,80,000/- and having received the earnest money of Rs. 4,00,000/- and agreeing to accept the remaining balance consideration of Rs. 80,000/- at the time of execution of regular sale deed.

(2.) The said suit was contested by defendants on various grounds. There is no need for this Court to go in detail with regard to the pleadings of the parties and also the other issues framed by the trial Court. It is worth to mention here that, the trial Court has framed as many as eight issues. Issue No.5 is with reference to the limitation for the suit which is as under :

(3.) The trial Court, after recording the evidence of both the parties and after appreciating the oral and documentary evidence on record has given a specific finding on issue No.5 in the affirmative holding that the suit is barred by limitation. Inspite of that the trial Court has erroneously proceeded to decree the suit granting specific performance of the agreement directing the defendants to execute a sale deed in favour of the plaintiff by receiving balance consideration of Rs. 80,000/- within three months. The said judgment of the trial Court is legally not proper and correct. Therefore, the defendants have called in question the said judgment and decree passed by the trial Court in R.A. No.134/2015 on the file of II Addl. Senior Civil Judge, Dharwad.