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2013 Supreme(Kar) 44

H.G.RAMESH
S. Kashinath – Appellant
Versus
Padmini Ramnath – Respondent


Advocates Appeared:
For the Appellant:Reuben Jacob, Advocate.
For the Respondent:G. Krishna Murthy, Advocate for C/R.

Judgment :-

1. This appeal is by the defendant challenging the judgment and decree passed by the 11th Additional City Civil Judge, Bangalore City, in OS No.11192/2006.

2. A suit for specific performance was filed by the plaintiff for purchasing the property, a commercial apartment/flat bearing No.S-112 (47/136) situated in the First Floor, South Block, Manipal Centre, Dickenson Road, Bangalore. It is stated that the plaintiff and the defendant are friends both in business transactions as well as in real life. According to the plaintiff, the defendant had agreed to sell the suit schedule property for a sale consideration of Rs.9,25,000/- out of which, the plaintiff had paid Rs.8,50,000/- at the time of agreement which was entered between the parties on 28.10.2004. The balance amount was to be paid at the time of registration subject to defendant furnishing necessary documents, for which the defendant also had agreed and to hand over the original title deeds and other tax paid receipts etc. During March 2005, the plaintiff had informed the defendant orally to come and execute the sale deed and also expressed his readiness and willingness to pay the remaining balance of Rs.75,000/- an


















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