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2012 Supreme(Kar) 1089

SUBHASH B.ADI
Aryamba – Appellant
Versus
A. Govindan – Respondent


Advocates:
Advocate Appeared:
Mr. M.S. Purushothama Rao, for the Appellant
Mr. S. Gangadhar Aithal, for the Respondent

JUDGMENT

SUBHASH B. ADI, J.—This appeal is by the defendants against the judgment and decree in O.S. No. 5150/1988 dated 16th August 2003 on the file of City Civil Judge, Bangalore.

2. Parties are referred to as per their ranking in the trial Court.

3. Suit is one for specific performance of the agreement dated 11.2.1988.

4. Plaintiff’s case is that, he had a enlarged family and he wanted to sell his house to buy a bigger one, he came in contact with the defendants, who were in need of funds for family necessities, to discharge some loans in Karnataka Housing Board and to meet the expenses to put up upstairs construction in their own property. Deceased defendant No. 1 entered into an agreement on 11.2.1988 agreeing to sell the suit schedule property for consideration of Rs. 1,52,500/-. Out of the total sale consideration, Rs. 54,500/- was received as a part of advance sale consideration by means of cheque. Plaintiff was to pay balance of sale consideration of Rs. 98,000/- on the date of registration of the sale deed. The said transaction was to be completed within six months. Plaintiff also agreed to bear the expenses of registration charges, stamp duty and preparation of sale deed, pl











































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