CHANDRASHEKAR HANAMAPPA KULALI Vs. BHIMAPPA GIRIYAPPA MAGI

JUDGEMENT

(1.) THE appellant/plaintiff has come up with this second appeal challenging the legality and correctness of the judgment and decree dated 26. 2. 1954 passed by the principal Munsiff, Mudhoi, in O. S. No. 195/ 1991, which has been confirmed by the learned Civil Judge (Senior division) at Jamakhandi in R. A. No. 40/1994, dated 6. 10. 2001.

(2.) FOR the sake of convenience the parties will be referred to in their rank assigned to them before the trial Court.

(3.) THE brief facts of the case in a nutshell are that; the plaintiff has filed the suit against the defendant before the trial Court seeking for the relief of specific performance of the agreement of sale/ex. P. 1 and for other allied relief. It is the case of the plaintiff that, defendant is the owner of the suit plot No. 43 measuring 60' x 60', out of non agricultural land RS No. 554 of Mudhol and that he had agreed to sell the same to the plaintiff for rs. 18,400/- and accordingly he entered into agreement of sale/ex. P. l, dated 9. 4. 1990 by receiving earnest money of Rs. 2,000/-, further that plaintiff also paid defendant Rs. 3,000/- on 16. 4. 1990 out of balance sale consideration amount and obtained stamped receipt/ex. P. 2; that plaintiff asked defendant to execute registered sale deed in his favour after taking the balance amount of Rs. 13,400/- and give possession of the suit plot to him; that the defendant prayed for time till one year; that during the May 1991 plaintiff asked the defendant to execute registered sale deed but he evaded, hence he issued the lawyer's notice/ex. P. 3, dated 31. 5. 1991 calling upon the defendant to execute the sale deed by receiving balance consideration amount, but defendant gave false reply/ex. P. 4; that he is ready and willing to perform his part of the agreement under Ex. P. l. Hence he filed the suit.