JAVAREGOWDA Vs. LAKSHMAMMA

JUDGEMENT

(1.) Appeal is directed against the Judgment and decree dated:09.02.2010 passed in R.A.No.12/2009 by the Additional District Judge, Mandya, wherein appeal came to be allowed and Judgment and decree dated 23.09.2008 passed by the learned Civil Judge, Senior Division and JMFC, K.R.Pet in O.S.No.3/2007 was set aside.

(2.) Initially suit filed by the plaintiff for specific performance was decreed. Defendant being aggrieved by the Judgment and decree of the trial court filed R.A.No.12/2009 wherein appeal was allowed and suit of the plaintiff came to be dismissed by the first appellate court. Hence, the present second appeal by the plaintiff.

(3.) Suit was one for specific performance of the sale agreement dated 25.01.2006 wherein agricultural land bearing Sy.No.69/1 of Chikkonahalli Village, Kasaba Hobli, K.R.Pet to an extent of 3 acres 25 guntas was agreed to be sold by the defendant to the plaintiff and an amount of Rs.42,000/- was said to have been paid by the plaintiff out of the total sale consideration of Rs.4,00,000/- and plaintiff agreed to pay balance amount of Rs.3,58,000/- to the defendant within three months from the date of sale agreement and as the sale deed was not executed by defendant in time plaintiff got issued notice for specific performance from the defendant. Plaintiff also claims that he was ever ready and willing to fulfill his part of obligation under the sale deed. The plaintiff claims to have paid total amount of Rs.3,58,000/- to the defendant.