KRISHNAMURTHY Vs. CHIKKATHAYAMMA

JUDGEMENT

(1.) This revision petition arises out of the judgment and decree dated 01.04.2014 passed by the VI Addl. Judge, Small Causes Court (SCH-2) in S.C.No.975/2013 dismissing the suit filed by the petitioner-plaintiff against the respondent-defendant.

(2.) The petitioner instituted a suit in S.C.No.975/2013 against the respondent in the Court below for recovery of a sum of Rs.75,000/- together with interest at 12% p.a., from the date of suit till realization from the respondent herein. In the suit, it was the specific contention of the petitioner that the respondent claiming to be an agreement holder in respect of immovable property bearing survey No.104/1 measuring 1 acre 3 guntas situated at Ravuthanahalli, Dasanapura Hobli, Bengaluru north taluk executed an agreement to sell dated 19.08.2010 agreeing to sell one site bearing No.19 situated in the aforesaid property in favour of the plaintiff for a total sale consideration of Rs.75,000/-. As per the terms and conditions of the agreement to sell, the respondent received an advance amount of Rs.75,000/-. The husband of the respondent has signed the said agreement as a consenting witness.

(3.) It was contended that as per the aforesaid agreement to sell dated 19.08.2010 executed by the respondent in favour of the petitioner, the respondent undertook to execute the absolute registered sale deed in favour of the petitioner within a period of three months by receiving the balance sale consideration. The petitioner who was ready and willing to perform his part of the contract, repeatedly called upon the respondent to comply with the terms and conditions of the agreement to sell dated 19.08.2010. When the respondent refused to comply with the said repeated requests made by the petitioner, the petitioner issued a notice dated 08.08.2013 terminating the contract and called upon the respondent to refund the advance sale consideration of Rs.75,000/- paid by him to the respondent. When the respondent refused to comply with the demand made in the said notice, the plaintiff filed the instant suit before the Court below.