GIRIMALLAPPA Vs. GANGAVVA

JUDGEMENT

(1.) The plaintiff in O.S. No. 139/2005 on the file of Civil Judge (Sr. Dn.), Jamakhandi, has come up in this second appeal impugning concurrent finding of both the Courts below in dismissing his suit for specific performance.

(2.) Brief facts leading to this second appeal are as under:

(3.) It is the case of the plaintiff that no agreement of sale was entered into. In terms of the negotiation finalized for purchase of suit schedule property the sale deed was prepared right away by paying entire sale consideration. The sale deed was executed by the defendant after receiving the sale consideration. However, before the said document was presented before the Sub Registrar, Jamakhandi, for the purpose of registration, the defendant walked away stating that she need to bring one well -wisher of her to be present at the time of registration of the document and thereafter she did not come back. With this, the suit for specific performance was filed. In the said suit though summons was duly served upon the defendant, she did not enter appearance and in the said suit she was placed ex -parte and the matter was taken up for evidence.