ORUVANGARA MAMMU Vs. K DEEPA

JUDGEMENT

(1.) A suit was filed by appellant before Sub Court for specific performance of a contract relating to plaint schedule property. As an alternative relief, he prayed for directing respondent/ defendant to pay Rs. 25,000/- with 18% interest per annum, which was paid as advance. After trial, court below granted a decree to realise the amount with interest, but refused to grant a decree for specific performance in view of alternative plea. Aggrieved by refusal to grant decree for specific performance, this appeal is filed by appellant/plaintiff.

(2.) The suit was filed, inter alia, contending that appellant entered into an agreement for sale of plaint schedule property with respondent/defendant and price was fixed as Rs. 6,600/- per cent and he also paid Rs. 25,000/- as advance towards sale consideration. Four months' time was fixed for execution of sale deed and agreement was executed on 18.09.1993. As per the stipulation in the contract, defendant was bound to handover the encumbrance certificate, documents of title and tax receipts. He was also bound to measure the property and convince appellant/ plaintiff about the actual extent of property. Respondent/ defendant evaded execution of the document on some pretext or other.

(3.) A lawyer notice was issued on 27.04.1994 requesting respondent to execute the document, after having over the documents and also measuring out the property. A reply notice was sent showing false details and hence a notice was again sent on 17.05.1994 stating that appellant is ready and willing to perform his part of contract and requesting respondent to comply with the conditions in agreement and execute the document. In spite of notice, document was not executed due to failure on the part of appellant and hence the suit was filed.