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2006 Supreme(Kar) 265

B.SUBHASH, S.R.BANNURMATH
MANASA HOUSING CO-OPERATIVE SOCIETY LIMITED, SARASWATHIPURAM, MYSORE – Appellant
Versus
MARIKELLAIAH – Respondent


Advocates:
Sri M.S. Rajendra Prasad,Sri P.V. Muralidhar Yadhav,Sri A. Manjunath,Sri Malikappa Patil,Sri R. Nataraj,Sri Ravindra Prasad,N.S. Satish Chandra

Sub hash B. Adi, J.,

JUDGMENT

This is plaintiffs appeal, questioning the judgment and decree passed in O.S. No. 92 of 1997, dated 22-12-2001 on the file of the IT Additional Civil Judge (Junior Division), Mysore.

2. The suit is one for grant of decree for specific performance of an agreement for sale deeds dated 18-9-1993 and 18-10-1993, by directing the defendants to receive the balance of sale consideration and execute the registered sale deed conveying the schedule property in favour of the plaintiff and deliver the vacant possession of the suit schedule property.

3. Plaintiff is a registered Housing Co-operative Society, engaged in the business of forming layout and distribution of sites to its members. Plaintiff had entered into an agreement of sale with the defendants 1 and 2 under an agreement dated 18-9-1993 for purchase of suit schedule property on consideration of Rs. 3,30,000/- and advance of Rs. 10,000/was paid on the said date and further agreed to pay Rs. 40,000/- within 30 days from the said date. The balance of sale consideration was to be paid at the time of registration of sale within six months from the date of the agreement. On 18-10-1993, plaintiff paid further
















































































































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