M.S. VISHWANATHA RAO Vs. RATHNABAI AND ORS.

JUDGEMENT

(1.) This appeal is filed under Section 100 of CPC challenging the concurrent findings passed by the Court of the Civil Judge (Jr.Dn.) and Addl. JMFC, Tarikere in O.S.241/1990 and confirmed by the Court of the FTC, Tarikere in R.A.71/2004.

(2.) Parties will be referred to as per their ranking before the Trial Court.

(3.) Suit had been filed by the plaintiff against one M.S.Vishwanatha Rao, brother of the plaintiff for the relief of specific performance on the basis of an agreement of sale dated 25.6.1986. He is stated to have executed a regular sale deed in his favour for consideration of Rs.25,000/-. According to the plaintiff, defendant is stated to have executed an agreement of sale dated 25.6.1986 in his favour by receiving a sum of Rs.15,000/- as advance out of the agreed consideration on the same day and agreed to receive balance consideration of Rs.10,000/- and to execute the regular sale deed within one year from the date of agreement of sale i.e., 25.6.1986. Since defendant did not come forward to execute regular sale deed, suit was filed on 23.6.1990 with a request to direct the defendant to perform his part of contract by executing the regular sale deed by receiving balance consideration of Rs.10,000/-.