SATISH PAI Vs. AKKAYAMMA

JUDGEMENT

(1.) This Regular First Appeal is filed under Section 96 of CPC by the plaintiff who was unsuccessful before the Court below.

(2.) Plaintiff - Sri P Satish Pai instituted a suit O.S.No.754/1997 which was subsequently renumbered as O.S.No.49/2006, seeking specific performance of the contract by directing defendants-1 and 2 to execute sale deed in favour of plaintiff in respect of suit schedule property namely, agricultural land bearing Sy.No.5 measuring 1 acre 20 guntas in terms of agreement of sale dated 11.10.1994.

(3.) It was the case of plaintiff that defendants-1 and 2 were absolute owners of suit schedule property; they agreed to sell the said property and in that connection, executed an agreement on 11.10.1994 Ex.P-1; on the date of agreement, plaintiff paid a sum of Rs. 2 lakhs viz., Rs. 1 lakh by way of cash and another sum of Rs. 1 lakh by way of two cheques. Plaintiff further asserted that he had already paid a sum of Rs. 25,000/- by way of loan for which defendants had acknowledged the same by issuing a separate receipt. It was also urged that defendants had received a sum of Rs. 50,000/- on 001.1995; thus, total sum of Rs. 2,75,000/- had been paid by way of advance sale consideration.