C S GANGAMMA Vs. PUTTARAMAIAH

JUDGEMENT

(1.) This is Decree Holder's revision challenging the order dismissing Execution Petition tiled by him in Ex. Case No.46/ 2006 on the file of Additional Civil Judge (Senior Division), Ramanagara, by an order dated 12.12.2008.

(2.) The facts leading to this revision petition are as under: The petitioner herein is purchaser of an extent of 1 acre of agricultural land in Sy.No.80/1 of Chikkenahalli Village, Kasaba Hobli, Channapatna Taluk, from one Puttaramaiah, S/o. Late Subbegowda under a Sale Deed dated 08.07.1993. Initially, the said land was mortgaged to the Decree Holder by Puttaramaiah for a loan of Rs. 20,000/- on 09.10.1991. Thereafter Puttaramaiah decided to sell the said land as he was in need of funds to clear the mortgage loan of Decree Holder herein and also to meet his family necessity. At that time, Puttaramaiah gave first offer to the Decree Holder, who agreed to purchase the same for valuable consideration of Rs. 50,000/-. After adjusting the mortgage loan of Rs. 20,000/- towards part sale consideration, the Decree Holder paid the balance sale consideration of Rs. 30,000/- to the said Puttaramaiah.

(3.) On receipt of balance sale consideration of Rs. 30,000/- the said Puttaramaiah executed the Sale Deed of aforesaid land in the presence of attesting witness and presented the Sale Deed for registration in the office of jurisdictional Sub-Registrar. However, before said Sale Deed could be registered Puttaramaiah went out of the Sub-Registrar office on the pretext that one of his child is unwell. Thereafter he never came back and the document of conveyance which was executed and presented for registration was kept pending for registration.