UMESHGOUDA Vs. CHANDRAPPA

JUDGEMENT

(1.) Present appeal is by plaintiff, by which, judgment passed in R.A.No.5 of 2010 is in challenge. For the purpose of convenience parties are referred their status as in original suit as plaintiff and defendants.

(2.) Brief facts of the case are that, on 14.06.1994 defendants mother Ambawwa wife of Tippanna Hirekurubar entered into an agreement with the plaintiff's for sale consideration of one acre in the Sy.No.223/E situated in the limits of Yelburga for a sum of Rs.20,000.00. A sum of Rs.16,000.00 was paid in advance and the remaining amount would be settled as and when sale agreement is executed. In the sale agreement no time limit has been stipulated for the purpose of execution of the sale deed.

(3.) On 05.06.1997 plaintiff issued notice in not executing the sale agreement which was entered between the plaintiff and mother of the defendants-Ambawwa. Since there was no response, on 27.09.1999 one more notice was issued, consequently, suit was filed by the plaintiff seeking direction to execute the sale agreement and specific relief.