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2011 Supreme(Kar) 1041

MOHAN M.SHANTANAGOUDAR, K.GOVINDARAJULU
Akkamma – Appellant
Versus
Raymond Quadros – Respondent


Advocates:
Advocate Appeared:
Mr. M.A. Humayun, For the Appellant
Mr. V.S. Hegde, For the Respondent

JUDGMENT

MOHAN SHANTANAGOUDAR, J.—This appeal is filed by the original defendant against the judgment and decree passed in G.S. No. 4992/2002 by City Civil Court, Bangalore. The respondent herein was the plaintiff. Respondent herein filed suit for specific performance based on the agreement of sale Ex. P-1 dated 21.4.1999 relating to land bearing Survey No. 81/1C, measuring 20 guntas, situated at Bilekalli Village, Begur Hobli, Bangalore south Taluk. For the sake of convenience, the parties are referred to as per their respective ranks before the trial Court.

2. The case of the plaintiff is that the defendants being the owners of the land bearing Survey N0.81/1C, measuring 20 guntas, situated at Bilekalli Village, Begur Hobli, Bangalore south Taluk proposed to sell the suit schedule property to the plaintiff. After negotiation, the plaintiff agreed to purchase the said property for sale consideration of Rs. 10 lakhs. Thus, an agreement was entered into on 21.4.1999 as per Ex. P-1. On the date of the agreement, Rs. 50,000/- was paid as earnest money. A further sum of Rs. 50,000/- was paid on 19.6,1999 and another sum of Rs. 1 lakh was paid on 22.7.1999. Thus, in all, Rs. 2 lakhs were




























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