PUTTAPPA Vs. MAHAMED ISMAILSAB

JUDGEMENT

(1.) The present appeal has been preferred by the plaintiff-appellant assailing the judgment and decree passed by Additional Senior Civil Judge and Judicial Magistrate First Class, Hangal in RA No.14/2016 dated 04.01.2018 where under the judgment and decree passed by the Civil Judge and Judicial Magistrate First Class, Hangal in OS No.222/2011 dated 23.06.2016 has been confirmed.

(2.) I have heard the learned counsel for the appellant on admission.

(3.) It is the contention of the learned counsel for the appellant that though the trial Court answered the issue No.4 in the affirmative and given a finding that he is ready to perform his part of the agreement by giving consideration amount but erroneously refused to grant the relief of specific performance. He further submitted that the appellant/plaintiff is even ready and willing to perform his part of contract and even the defendant has not contested the matter by leading any evidence but trial Court and First Appellate Court erred in decreeing the suit. He further submits that the plaintiff has proved agreement of sale and substantial consideration amount has been passed, only a nominal amount of Rs.5,000/- only is due to the defendant. This aspect was not being properly considered and appreciated by the Courts below. On these grounds the plaintiff/appellant has made out a case to admit and issue notice to respondents.