DAKSHAYINI Vs. RATHNAMMA

JUDGEMENT

(1.) Heard the learned counsel for the appellant.

(2.) This appeal is filed by the plaintiff aggrieved by the order dated 16.01.2018 passed by the learned Principal Senior Civil Judge, Bengaluru Rural District in OS.No.811/2015 on I.A.1 under Order XXXIX Rules 1 and 2 of CPC, wherein the trial Court has dismissed the application filed by the appellant.

(3.) It is the case of the appellant that an agreement of sale dated 07.08.2012 was entered into between the appellant and one, Shri M.Ramappa along with the respondents herein. The total consideration of the suit schedule property as per the said agreement is Rs.1,11,51,360/-. Out of which, the appellant has paid a sum of Rs.5,00,000/- on 07.08.2012 as on the date of the agreement. As per the agreement of sale, the appellant was required to pay the entire sale consideration amount within a period of four months. Thereafter, she has paid a sum of Rs.10,00,000/- on 27.08.2012, Rs.10,00,000/- on 15.10.2012 and Rs.10,00,000/- on 27.01.2013. After the payment of amount as stated above, the appellant was required to pay the balance amount of Rs.76,51,360/-. It is the statement made by the appellant that she was ready and willing to perform her part of contract and she was having sufficient source to pay the balance sale consideration but the respondents have neglected to complete the sale transaction instead they indulged in demanding further sale consideration and receiving the same to meet their expenses. Thereafter, the appellant got issued a legal notice on 24.02.2015. After issuance of the said notice, the appellant has filed a suit for specific performance. The appellant also submits that as per the agreement of sale, the respondents were bound to produce all the necessary documents in respect of the suit schedule property.