M. NARAYANASWAMY Vs. S. NARASIMHAPPA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed in RA No.4/2012, dated 15.11.2014 on the file of II Addl. Senior Civil Judge, Bellary (for short, 'the lower appellate court'), whereby the appeal is partly allowed, setting aside the judgment and decree passed by the I Addl. Civil Judge and JMFC, Bellary (for short 'the trial Court) in OS No.693/2008 dated 5.12.2011.

(2.) For the sake of convenience, the parties are referred to as per their status before the trial Court.

(3.) The plaintiff has filed OS No.693/2008 for specific performance of agreement, permanent injunction and for delivery of possession of the suit property. The pliant averments are that the defendant agreed to sell suit property for family necessity and executed an agreement of sale dated 22.12.2007 for sale consideration of Rs. 2,50,000/- received advance amount of Rs. 2,20,000/- and agreed to receive the balance amount of Rs. 30,000/- on or before 30.08.2008 and to execute the registered sale deed. The plaintiff issued legal notice calling upon the defendant to execute the sale deed but in vain. Hence, constrained to file the suit.