CHANNAPPA Vs. SHEETAPPA

JUDGEMENT

(1.) This regular second appeal by the defendants No.1 and 3 is directed against judgment and decree dated 07.10.2016 in R.A.No.110/2010 on the file of XI I Addl .Dist & Sessions Judge, Belagavi , sitting at Gokak, dismissing the appeal and confirming the judgment and decree of the trial Court in O.S.No.102/2007 on the file of Prl . Civil Judge (Sr.Dn. ) , Gokak.

(2.) For the sake of convenience, parties shall be referred to as per their status before the trial Court.

(3.) Briefly stated the facts of the case are plaintiff filed instant suit for specific performance of an agreement and to direct the defendants to execute the registered sale deed in respect of suit property measuring 05-Acres 06-Guntas in R.S.No.304/3 of Yadwad village in favour of the plaintiff by receiving remaining balance consideration amount of Rs.1,00,000/- from the plaintiff. Plaint averments reveal that the property in question is jointly owned by defendants; plaintiff had of fered to purchase the same for Rs.5,00,000/-; the defendants have agreed to sell the suit property for Rs.5,00,000/-; received Rs.4,00,000/- as earnest money deposit; and agreed to receive the balance consideration amount of Rs.1,00,000/- at the time of execution of the sale deed within two years. Accordingly, parties entered into an agreement of sale and the same was executed and registered on 31.07.2004. The plaintiff requested the defendants to execute the sale deed by receiving the balance amount. The defendants have protracted the execution of sale deed. Therefore, plaintiff got issued a legal notice to the defendants on 29.01.2007 calling them to execute the sale deed in respect of the suit properties within fifteen days. Even after receipt of the legal notice, the defendants have not executed the sale deed nor given reply. Hence, plaintiff filed the instant suit.