350/2007 on or about 10.12.2007 praying for the relief of specific performance of the agreement dated 21.07.2006.
By letter dtd.
The case of the Plaintiff is that on 21.07.2006, the Defendant entered into a written agreement with him for sale of the schedule property for a total sale companysideration of Rs.
It is the Defendant who preferred appeal against the decree granted in which, the High Court has passed an order of refund of Rs.
7,01,000/ along with interest at the rate of 12 per cent per annum from the date of payment till date of realisation.
26,000/ Rupees Twenty Six Thousand Only along with interest at 12 per annum and in addition to that he shall also pay a further sum of Rs.
3 30 2431, which is more particularly described in the schedule to the plaint and hereinafter referred to as the schedule property.
In furtherance of the said companytract for the sale of plaint A Schedule property, the plaintiff had got measured the property and made arrangement for the repair of the building situated in the said property.
72 11, bearing T.S. No.
7,01,000/ for the reason that another sum of Rs.
It was stated in the numberice that he is ready with balance sale companysideration of Rs.
6,75,000/ was made out of balance sale companysideration.
Civil Appeal No.
29,74,000/ .
The Plaintiff later filed a suit OS No.
29,74,000/ Rupees Twenty Nine Lakhs Seventy Four Thousand only is agreed to be paid at the time of execution and registration of the intended Sale Deed.
In case, the 1st PARTY VENDOR fails to perform his part of this agreement, he shall refund the entire advance sale companysideration of Rs.
The Plaintiff served a numberice on 25.12.2006 raising a grievance that the Defendant has number informed him about the position of the civil suit but as per his information, dispute in the family stands settled.
The Plaintiff has averred to the following effect in the present suit for specific performance After the plaintiff having entered into the companytract for the sale of the plaint A Schedule property, the defendant used to demand and companylect money from the plaintiff and the plaintiff having paid in good faith and the defendant had received in all Rs 6,75,000/ from the plaintiff out of the balance sale companysideration of Rs.
6,75,000/ but in the plaint, there is numbersuch averment.
5,000/ Rupees Five Thousand Only by way of pre estimated liquidated damages and accordingly in such event, the 2nd PARTY PURCHASER shall be entitled to recover the said amounts from the 1 st PARTY VENDOR, including the interest and companyt if any incurred, for recovery of the same.
30,00,000/ .
A sum of Rs.
918333 drawn on Syndicate Bank, Fr.
29,74,000/ .
Though in the additional affidavit of Additional Chief Examination, the Plaintiff asserted that original title deeds were handed over when he paid a sum of Rs.
7,01,000/ while declining the relief of specific performance of the agreement.
The Plaintiff filed an affidavit of Chief Examination on 21.01.2010, but again there is numbermention of payment of Rs.
7,01 000/ more so when the High Court has returned a finding that the Plaintiff was number ready and willing to execute the companytract merely on the basis that original title deeds might have been handed over to the Plaintiff when sum of Rs.
25 12 2006, the plaintiff had even companyveyed his readiness and willingness to register the sale deed by paying the balance sale companysideration and sent draft sale deed.
The companydition in the agreement was that the Defendant will settle the pending dispute within a period of six months.
6,75,000/ must have been paid at the time when the original title deed was handed over to the Plaintiff.
Mullers Charitable Institution Branch, Mangalore, by way of advance sale companysideration, the receipt of which the 1st PARTY VENDOR hereby acknowledges.
The plaintiff was and is ready and willing to perform his part of companytract, i.e. to pay the balance sale companysideration and get the registration of the sale deed in his favour.
The relevant extract from the numberice is as under I have kept the balance sale companysideration Rs.29, 74, 000/ ready and you can execute the sale deed at any time and to receive the balance sale companysideration without seeking any further time and to hand over the actual physical possession.
6,75,000/ was paid but without disclosing any date of payment.
30,00,000/ , and to get Registered Sale Deed executed by paying the balance sale companysideration amount of Rs.
6,75,000/ .
6,75,000/ .
The balance sale companysideration of Rs.
1578 11G measuring 7.25 cents or 0.0725 acre with residential buildings bearing Door No.
6,75,000/ by the same judgment.
The Defendant is the owner of number agricultural immovable property situated in Kadri Village, Kadri Ward, Mangalore Taluk, within the Mangalore City Corporation and companyprised in Rs.
196/2005 pending against him filed by his brother.
But if the dispute is number resolved within six months, the time for the execution of the sale deed shall be extended by such time as mutually to be agreed upon by the parties.
The 1st PARTY VENDOR shall execute the Sale Deed within 6 months Six Months from the date of execution of this Agreement, which however can be altered only by mutual companysent in writing and signed by both the parties.
6,75,000/ The learned trial companyrt on 17.09.2012 decreed the suit granting decree of the specific performance of agreement of sale dated 21.07.2006 for a companysideration of Rs.
However, numberdate of such payment of said amount was disclosed in the plaint.
At the time of agreement, the Defendant has a civil dispute OS No.
As such the plaintiff even approached the brother of the plaintiff so as to have a amicable settlement between them.
The defendant though showed his willingness to execute the sale deed expressed his in ability to settle the pending litigation with his brother.
3416 of 2019 is by the Defendant aggrieved against the decree for payment of Rs.
Still further, in the numberice dated 25.12.2006, there is numberassertion of handing over of the documents of the title or payment of Rs.
In fact, the Plaintiff has filed earlier suit for injunction which was number pursued to file the suit for specific performance.
Hereinafter for facility of reference, the parties will be described as per their status before the trial companyrt.
6,75,000/ is said to have been paid by the Plaintiff.
29,74,000/ and had handed over the original title documents relating to the plaint A Schedule property.
Thus, the Court granted a decree for recovery of Rs.
However, on 18.12.2010 another affidavit was filed by way of an Additional Chief Examination to the effect that sum of Rs.
Hemant Gupta, J. Civil Appeal No.
3415 of 2019 is by the Plaintiff aggrieved against the judgment and order dated 17.02.2016 passed by the High Signature Not Verified Digitally signed by MANISH SETHI Court of Karnataka at Bengaluru declining relief for specific Date 2019.04.15 192250 IST Reason performance of the agreement of sale of the schedule property but granting a decree for recovery of Rs.
The defendant received the said numberice without demur.
26,000/ was paid as earnest money.
I request you to go through the accompanying draft sale deed which is sent for approval and request you to furnish upto date encumbrance certificate, taxes paid receipt, electricity and water companysumption bill paid receipts so as to execute the sale deed within this week i.e. on or before 31.12.2006.
6,75,000/ .
It may be numbered at this stage that in the agreement, the parties have agreed to extend the time by mutual companysent but there is numberendorsement either on the agreement in question or by way of written numbere separately except, the assertion by the Plaintiff in the plaint that he has paid sum of Rs.
The High Court inter alia held that the Plaintiff has failed to prove that he was ready and willing to perform his part of the agreement.
3 3 2429, 3 30 2430, shop premises bearing Door No.
In the plaint, the Plaintiff pleaded that Defendant has demanded and received a further sum of Rs.
