BASAVARAJAIAH Vs. S. SATISH

JUDGEMENT

(1.) The present respondent as the plaintiff had instituted a suit against the present appellant in the Court of the II Additional Civil Judge at Mysuru (henceforth for brevity referred to as "the Trial Court") in OS No.245/1992 for specific performance of the contract.

(2.) The summary of the case of the plaintiff in the Trial Court was that, he had entered into a contract with the defendant therein for the purchase of suit schedule property on 7/9/1991, for a sum of Rs. 98,000.00. In that amount, the plaintiff had paid a sum of Rs. 25,000.00 as earnest money. It was agreed that a proper regular sale deed has to be executed and registered on receipt of the balance amount of Rs. 73,000.00 within three months from the date of agreement. The defendant approached the plaintiff on 31.10.1991 and received a sum of Rs. 5,000.00 for his financial commitment out of the balance sale consideration. As such, the balance amount due towards sale consideration was Rs. 68,000.00 only. The plaintiff was always ready and willing to perform his part of agreement, as such, ready to pay the balance amount within the stipulated period and asked the defendant to execute the registered sale deed, which the defendant did not do. On the other hand, the defendant started demanding more money from the plaintiff. On 18.06.1992, the defendant agreed to execute the sale deed on or before 18.08.1992. However, he sent a legal notice on 26.06.1992, stating that the agreement entered into between them has stood cancelled. The plaintiff got issued a reply to the legal notice on 17.07.1992, Since, the defendant failed to execute the sale deed in his favour by accepting the balance of sale consideration, the plaintiff was constrained to institute a suit against him for the relief of specific performance of the contract.

(3.) The defendant appeared through his counsel and filed his written statement, the summary of which is that he admitted the agreement for sale entered into between them on 07.09.1991 for a consideration of Rs. 98,000.00. He also admitted that the period stipulated in the agreement was three months and that he had received an additional sum of Rs. 5,000.00 from the plaintiff in the meantime. However, he denied that the plaintiff was at any time ready and willing to perform his part of the promise under the contract. On the contrary, he contended that he was always ready and willing to perform his part of promise under the contract and had kept ready all the necessary documents in that regard. However, the plaintiff himself did not come forward to comply his part of the promise under the contract. He specifically denied that he has executed any farther agreement on 18.06.1992 in favour of the plaintiff. On the contrary, he contended that at the inception of the plaintiff, Ashokpuram Police summoned him to their police station and obtained his signatures on the stamp paper. Thus, after coming to know the evil mind and attitude of the plaintiff, he issued a legal notice on 26.06.1992 to the plaintiff, for which he sent an untenable reply. He further stated that even after issue of legal notice, the plaintiff has failed to deposit the balance of the sale amount. The defendant prayed for dismissal of the suit.