D N SRINIVAS MURTHY Vs. APPAIAH AND ORS

JUDGEMENT

(1.) Appellant is the plaintiff in O.S.No.619/1995. Being aggrieved by the judgment and decree dated 17-12-2004 passed by the I Additional Civil Judge (Sr.Dn.), Bangalore Rural District, wherein the suit filed by the plaintiff seeking for specific performance of agreement of sale and for other reliefs was dismissed by the Trial Court, the plaintiff has filed this appeal.

(2.) For the purpose of better understanding and convenience, the rank of the parties is referred to as arrayed in the plaint.

(3.) The first defendant Sri.Appaiah is the owner of land bearing Sy.No.78/1A measuring 1 acre 30 guntas and 78/1B measuring 1 acre 29 guntas situated at Doddanagamangala village, Begur Hobli, Bangalore South Taluk (hereinafter referred to as "the suit schedule properties"). He has entered into an agreement of sale with the plaintiff agreeing to sell the said lands for a sale consideration of Rs.3,47,500/-. Accordingly, an agreement of sale was entered into between the parties on 7-4-1989. Pursuant to the said agreement, a sum of Rs.10,000/- was paid as earnest money. The case of the plaintiff is that pursuant to the agreement of sale, the first defendant has delivered all the original title deeds on 10-5-1989, and put the plaintiff in possession of the said properties on the same day. Further, the plaintiff has paid the entire sale consideration on 10-4-1991. In spite of payment of full consideration, the first defendant has not executed the sale deed. In view of that, the plaintiff issued a legal notice on 19-10-1991 calling upon the first defendant to execute the sale deed. The first defendant gave an untenable reply to the said notice on 26-12-1991. However, some of the workers were attempting to form a road on the suit schedule properties and on questioning, the plaintiff came to know that the first defendant sold the aforesaid property in favour of the second defendant on 4-11-1991. In view of that, the plaintiff filed a suit in O.S.No.33/1992 on the file of the Principal II Munsiff at Bangalore, seeking for permanent injunction restraining the defendant from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule properties.