ALLISAB Vs. MALLAPPABHIMAPPA BIRADAR PATIL

JUDGEMENT

(1.) The short point that arises for consideration in this writ petition is:

(2.) First respondent herein has filed a suit in O.S.No.190/2013 for specific performance of the agreement of sale dated 04.07.2013 purported to have been executed by defendants 1 to 14 contending interalia that defendants 1, 3, 4, 6 and 9 had executed the said agreement of sale by receiving advance amount of Rs. 15 Lakhs as against total agreed consideration of Rs. 25 Lakhs. It is further contended that 1st defendant as the kartha of Hindu Joint Family in the presence of defendants 3, 4, 6 and 9 had agreed to sell the suit land measuring 4 acres 27 guntas for a total consideration of Rs. 25 Lakhs and received a sum of Rs. 15 Lakhs as advance. It is further alleged by the plaintiff that on calling upon defendants to execute the sale deed, they have failed to do so and as such for enforcing the contract of sale dated 04.07.2013 suit in question came to be filed.

(3.) On service of suit summons, 1st defendant has appeared and filed the written statement - Annexure-B denying the averments made in the plaint. Defendants 1 to 9 and 12 to 14 have adopted the written statement of 1st defendant by filing a memo on 30.11.2017 Annexure-C.