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2022 Supreme(Kar) 1421

ASHOK S. KINAGI
L. Rama Reddy, S/o. Late Linga Reddy – Appellant
Versus
P. V. Kodandarama Reddy Major, S/o. Veerappa Reddy – Respondent


Advocates Appeared:
For the Appellant : Sri. M.V. Chandrashekara Reddy.
For the Respondent: Sri. K. Mohan.

JUDGMENT :

This appeal is filed by the plaintiff challenging the judgment and decree dated 3.4.2006 passed in O.S.No.5651/1997 by the V Addl. City Civil Judge, Bengaluru City, dismissing the suit. Parties are referred to as per their rankings before the Trial Court. The appellant herein is the plaintiff and the respondent is the defendant.

2. Brief facts leading rise to filing of this appeal are as under:

The plaintiff filed a suit for specific performance of the contract in respect of the suit schedule property contending that the defendant is the owner of the suit schedule property; he agreed to sell the suit schedule property in favour of the plaintiff by executing agreement of sale dated 11.11.1992 for a consideration of Rs.1,33,250/- and the plaintiff has paid a sum of Rs.1,30,000/- towards part consideration amount and that the plaintiff offered to pay a sum of Rs.3,252/- towards the balance consideration amount. It is further contended that when the plaintiff requested the defendant to receive the balance consideration amount and execute the registered sale deed in his favour, the defendant had refused to receive the balance consideration amount and failed to execute registere

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