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2021 Supreme(Kar) 707

ARAVIND KUMAR, SHIVASHANKAR AMARANNAVAR
J. Somashekar S/o C. Jayaraj – Appellant
Versus
Col. Appuramanand Sharma (Retd. ) S/O Late V. K. Swamy – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. D.R. Ravishankar, Advocate
For the Respondent:Sri. Giridhar S.V, Advocate

JUDGMENT :

Shivashankar Amarannavar, J.

This appeal has been filed by the unsuccessful plaintiff challenging the judgment and decree dated 29.11.2018 passed in O.S. No. 5395/2011 by XII Additional City Civil and Sessions Judge, Bengaluru whereunder the suit of the plaintiff filed for the relief of specific performance came to be dismissed.

2. The parties will be referred as per their ranking before the trial Court.

3. Brief facts of plaintiff's case is as under :

Defendant No. 1 representing himself to be owner of the suit schedule property offered to sell the suit schedule property. One Smt. Pushpanjali Reddy had introduced the plaintiff to defendant No. 1 in relation to purchase of the suit schedule property and upon mutual negotiations, the property was agreed to be purchased for a total consideration of Rs.1,80,00,000/-. The term of understanding was reduced into writing as per the agreement of sale dated 02.09.2008 and same was registered before the Sub-Registrar, Indiranagar, Bengaluru. Under the agreement, plaintiff had paid a sum of Rs.20,00,000/-as advance under the cheques referred to in the agreement and the balance sale consideration amount had to be paid at the time of regi

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