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2021 Supreme(Kar) 486

B.VEERAPPA, RAVI V HOSMANI
C. Vasudevamurthy – Appellant
Versus
S. S. Amarnath – Respondent


Advocates:
Advocate Appeared:
T. Sheshagiri Rao, M. Ashwathnarayan Reddy, S. Keshava Rao Mohithe, Sathya Raj M.N.

JUDGMENT :

B. VEERAPPA, J.

1. This is defendant's Regular First Appeal against judgment and decree dated 20.11.2012 made in O.S.No.265/2007 on the file of the Senior Civil Judge, Doddaballapura, decreeing the suit of the plaintiffs for specific performance to enforce the agreement dated 29.03.2006 entitling the plaintiffs for getting the sale deed registered with respect to the suit lands from the defendant by paying balance sale consideration within 60(sixty) days from the date of the judgment.

For the sake of convenience, parties are referred to as per their ranking before the Trial Court.

I. FACTS OF THE CASE:

2. The respondents/plaintiffs filed the suit for specific performance to enforce the agreement dated 29.03.2006 executed by the defendant, contending that defendant being the owner in possession of the suit schedule property entered into an agreement of sale dated 29.03.2006 to sell the suit schedule property for a total sale consideration of Rs. 15,18,750/- and received Rs. 3,00,000/- as advance on the date of the agreement and further agreed to receive the balance sale consideration of Rs. 12,18,750/- at the time of execution of the registered sale deed, and took three months

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