SUSHILA A DASS Vs. MARY BOLGER

JUDGEMENT

(1.) This is a defendant's appeal against the judgment and decree of trial Court in O.S. No. 216/85 decreeing the suit of the plaintiff for specific performance of the contract entered into between the parties in respect of the sale of land measuring about 12 acres situate in Kogilu Village, Yelahanka Hobii, Bangalore Noah Taluk.

(2.) The facts are not in serious controversy since the sale agreement between the parties is not disputed and the subsequent agreement in the from of a receipt modifying the earlier agreement is also not in dispute. The only plea raised in this appeal is that the trial Court was in error in exercising the discretion in favour of the plaintiff under the provisions of Section 20 of the Specific Relief Act, 1963 (in short the 'Act').

(3.) The parties are no strangers to each other. The plaintiff a Foreign National appears to have met the defendant earlier in Coonoor and after personal discussions it was agreed that the defendant would sell the suit property to the plaintiff for Rs 1,10,000/-. Accordingly, an agreement of sale-Ext. P-1 came into existence on the 21st of November, 1910. In terms of the agreement of sale, the plaintiff paid the defendant the total sale consideration of Rs. 1,10,000/- in instalments as is evidenced in Ext. P-2 i.e. the receipt executed by the defendant in favour of the plaintiff In that receipt a recital is incorporated to the following effect : -