Sanjeevappa vs Nagamma - 2023 Supreme(Kar) 1056

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Kar) 1056

H. P. SANDESH
Sanjeevappa – Appellant
Versus
Nagamma – Respondent

Advocates appeared:
A.V.Gangadharappa, Advocate, Sarojamma, Advocate, G.S.Venkatasubba Rao, Advocate

JUDGMENT

1. This matter is listed for admission. I have heard the learned counsel for the appellants and learned counsel for the caveator-respondent No.1.

2. The factual matrix of the case of the plaintiff before the Trial Court is that, defendant No.1 is the absolute owner of the suit schedule property and he had acquired the suit schedule property under a registered sale deed dtd. 12/1/1995 and defendant No.1 has offered to sell the suit schedule property and the plaintiff agreed to purchase the same for a sale consideration of Rs.63, 000.00 and accordingly, the defendant No.1 received the advance amount of Rs.5, 000.00 and executed sale agreement in favour of the plaintiff. In the agreement of sale, it was mentioned that the plaintiff shall get the registered sale deed within three months by paying balance sale consideration amount of Rs.58, 000.00. The plaintiff, after securing the balance consideration, approached the defendant No.1 to execute the sale deed, but, the defendant No.1 demanded more consideration and refused to execute the sale deed. Hence, the plaintiff got issued the legal notice dtd. 24/12/1999 asking the defendant No.1 to be present in the Sub-registrar office