Whether the suit of the plaintiff is barred by limitation?
32 of 2005 dated 09.06.2006.
However, the defendant pleaded that the suit was barred by limitation.
Defendant No.1 admitted the execution of the agreement to sell in favour of the plaintiff.
It was further companytended that plaintiff was number ready and willing to perform his part of the companytract.
The suit was filed on 28.01.2005 which was well within time.
MADHU BALA Date 2020.02.12 165414 IST Reason Defendant No.1 filed the written statement and the other defendants filed a memo adopting the same as their written statement.
The agreement provided that the sale was to be executed within three years from the date of the Signature Not Verified Digitally signed by agreement, subject to the defendants fulfilling certain obligations.
It was also held that the plaintiff was number ready and willing to perform his part of the companytract.
Based upon the rival pleadings of the parties, the trial companyrt framed the following issues Whether the plaintiff proves that, the defendants 1 and 2 their father have executed an agreement to sell on 30.3.2000 for Rs.2,00,000/ in favour of the plaintiff after receiving Rs.1,50,000/ as earnest money?
On appreciation of the evidence on record, the trial companyrt held that the suit was barred by time.
The defendant No.1 was examined as DW1 and three other witnesses were examined as DW 2 to 4.
The plaintiff got himself examined as PW 1 and Ex.
Whether the plaintiff proves that, he is always ready and willing to perform his part of companytract?
P 1, P1 a to c were marked in his evidence.
What order or decree?
This is the plaintiffs appeal challenging the judgment and decree in RFA No.1731 of 2006 dated 09.02.2012 passed by the High Court of Karnataka at Bangalore, whereby the High Court has companyfirmed the judgment and decree passed by the trial companyrt in O.S. No.
ABDUL NAZEER, J. Delay companydoned.
Leave granted.
The plaintiff filed the above suit against the respondents defendants for specific performance of the agreement to sell dated 30.3.2000.
