S.B. SINHA, J. - (1.) DEFENDANT No. 1 in the suit is Appellant before us. He was admittedly owner of a residential house admeasuring 40 ft. x 30 ft bearing No. 148 (New Plot No. 78), 8th Cross, N.R. Colony, Bangalore. Respondent No. 1 has been in possession of the suit property as a tenant on a monthly rent of Rs. 115/-. The appellant admittedly had taken loan from Respondent No. 1 herein from time to time, the details whereof are as under : JUDGEMENT_223_JT4_2007Html1.htm
(2.) ADMITTEDLY, the parties entered into an agreement for sale on 11.05.1979. The aforementioned sum of Rs. 15,000/- received by the appellant was treated to be the amount of advance paid out of the amount of consideration fixed in the said agreement of sale i.e. Rs. 45,000/-. The relevant terms of the said agreement are as under : "Whereas the first party is the absolute owner of house bearing No. 148, 8th cross N.R. colony, Bangalore-19 more fully described in the schedule hereunder, having acquired the same under registered gift deed, executed by Mrs. B.N. Vijaya Deva. Whereas the second party has offered to buy and the first party has agreed to sell to the second party the schedule property for a sum of Rs. 45,000/- (Rupees forty five thousand only.) The first party hereby agreed to sell the schedule property to the second partyonthe following terms and conditions. a) A sum of Rs. 15,000/- (Rupees fifteen thousand only) has been paid this day by the second party to the first party which he hereby acknowledges out of the said price of Rupees Forty Five thousand. b) A further sum of Rs. 5,000/- (Rupees five thousand only) in respect of the balance of the price shall be paid by the second party to the first party within one yearfrom this date, i.e., 11-5-79. c) The remaining balance of the consideration for the sale, i.e., Rs. 25,000/- (Rupees twenty five thousand only) shall be paid by the second party to the first party within five years from this date. On payment of the full consideration of Rs. 45,000/- to the first party by the second party in the manner aforesaid the first party shall execute a registered deed of sale in favour of the second party conveying the schedule property to the second party. The expenses for conveyance for stamp and registration shall be borne by the second party only but the first party shall apply to the competent authorities for permission to sell the property to the second party and take other steps necessary for the purpose. The first party shall notify the tenants in the property of the fact of sale at the time the sale deed is executed in the manner mentioned above and call upon them to vacate the property and render all assistance and help to the second party to obtain in vacant possession of the schedule property. In case the first party shall commit breach of the agreement, he shall, besides refunding the sum he has received under this agreement, to the second party, shall in addition pay a sum of rupees ten thousand as damages. In case the second party commits breach of this agreement she shall forfeit a sum of Rs. ten thousand out of the amounts paid." Although a period of five years was fixed for execution of the sale deed on payment of the balance sum, admittedly, the appellant herein has received a further sum of Rs. 5,000/- from Respondent No. 1. It is furthermore not in dispute that the respondents served a notice upon the appellant on or before 29.5.1981 alleging that he had been making attempts to sell the property to third parties.
(3.) APPELLANT was called upon to execute a registered deed of sale on receipt of the balance amount and as he did not agree thereto, the respondent No. 1 filed a suit for specific performance of the said agreement of sale dated 11.05.1979. The said suit was decreed by the learned Trial Judge by a judgment and decree dated 05.04.1989. A first appeal preferred there- against by the appellant has been dismissed by the High Court by reason of the impugned judgment.;