AMEER Vs. CHANDRASEKHARAPPA

JUDGEMENT

(1.) This is a defendants' appeal against the Judgment and decree dated 27-6-1988 passed in Original Suit No. 140 of 1983 on the file of the Civil Judge at Davanagere in Chitradurga District.

(2.) In the course of our Judgment, we will refer to the parties by the ranks assigned to them in the trial Court.

(3.) Plaintiff brought the suit for specific performance of the contract. The Agreement for Sale was marked as Ex.P-3 in the suit at the time of evidence. Plaintiff alleged that he was a tenant under the first defendant in respect of the shop premises bearing No. 47/3 and that he was paying a rent of Rs. 75/- per mensum; that the said premises became highly dilapidated and became unfit and dangerous to carry on business in it and in that circumstances, the plaintiff asked the first defendant to renovate and put the necessary rolling iron door shutters and other necessary work for the improvement of the building undertaking to repay the costs of repair and renovation which was estimated at Rs. 2,803.88 ps. Plaintiff accordingly spent the said sum in the year 1979 and the said amount was neither adjusted towards payment of rent nor paid in cash by the first defendant as he was in financial difficulties. Plaintiff demanded the amount to be paid back to him. At that point of time, the first defendant showed his willingness to sell the schedule property to the plaintiff himself and requested him to make an offer and in the presence of respectable people, namely, Jayadevappa and Channabasappa the first defendant agreed to sell the suit property for a sum of Rs. 20,101/- to the plaintiff on 7-6-1982 and the Agreement of Sale was reduced into writing on the same day and the plaintiff paid first defendant a sum of Rs. 2,000/- as advance towards agreed sale consideration. Plaintiff having been in possession as a tenant thereafter continued in possession as purchaser under the Agreement for Sale, stopped paying rent. Despite his offer to pay the balance of sale consideration in the sum of Rs. 14,297.12 ps., the first defendant avoided executing a sale deed and registering the same. However, the plaintiff learnt that the first defendant had sold the property to second defendant - a Document Writer carrying on business a few shops across for a consideration of Rs. 20,000/- on 11-10-1982. Therefore, he presented the suit calling upon the defendant to execute the sale deed in his favour accepting the balance of consideration agreed. He further averred that he was ready and willing to perform his part of the obligation under the contract after having partly performed by paying part of the consideration as advance.