The plaintiff must prove the execution of the contract and her readiness to perform to be entitled to specific performance under the Specific Relief Act, and the mere registration of a document does not suffice without corroborating evidence.

JUDGMENT

1. The plaintiff in O.S.No.78/2000 on the file of the learned Principal Civil Judge (Sr.Dn.), Bidar (hereinafter referred to as 'Trial Court'), is impugning the judgment and decree dtd. 18/9/2007, dismissing his suit for specific performance of contract, which was confirmed in R.A.No.117/2007 on the file of the learned Principal District and Sessions Judge, Bidar (hereinafter referred to as 'First Appellate Court') vide judgment dtd. 8/2/2011.

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

3. Brief facts of the case are that, the plaintiff filed the suit against defendant Nos.1 to 9 seeking decree for specific performance of the contract against defendant Nos.1 to 6 directing them to deliver the actual possession of the land measuring 13.34 acres out of 27.27 acres in Survey No.41 situated at Jangalkoi village, Bidar district, with the boundaries mentioned therein (hereinafter referred to as 'suit land'), to execute the sale deed in favour of the plaintiff after receiving the balance consideration amount of Rs.25, 000.00 and if the suit land was acquired by defendant Nos.7 to 9, the compensation amount in respect of the same is ordered to be paid to the plaintiff and also for perpetual injunction restraining defendants from alienating the suit land or any portion thereof or from making any construction over the same.

4. It is contended that one Sangramappa was the absolute owner in exclusive possession of Survey No.41, measuring 27.27 acres, situated in Jangalkoi village, Bidar district and after his death, his wife ""defendant No.1 and his sons i.e., defendant Nos.2 to 6 are in joint possession and enjoyment of the said property. Defendant Nos.1 to 6, who are in need of money to meet their family necessities and also to meet the litigation expenses in respect of the suit land, jointly agreed to sell the same in favour of the plaintiff for a total consideration amount of Rs.1, 25, 000.00. They accepted Rs.1, 00, 000.00 as earnest money and agreed to receive balance consideration amount of Rs.25, 000.00 at the time of executing the registered sale deed. Accordingly, defendant Nos.1 to 6 have executed the registered agreement for sale on 14/12/1992. It is agreed that on resolving the dispute in respect of the suit land, defendant Nos.1 to 6 to execute the registered sale deed by accepting the balance consideration amount.

5. On 3/4/1972, Adeappa, Kanteppa and Sharanappa, who are the sons of Channappa got their names entered in the record of rights pertaining to Survey No.41 measuring 27.27 acres situated at Jangalkoi village, Bidar district. Challenging the said entry, late Sangramappa had preferred RD/APPL/CR-80/81-82 before the Assistant Commissioner, Bidar, but, the same was came to be dismissed vide order dtd. 13/5/1983. The writ petition in W.P.No.15040/1987 was preferred impugning the said order. They have also filed the suit seeking declaration of their title, for perpetual injunction and also for correction of record of rights against Kanteppa and others in O.S.No.118/1998 on the file of the learned Civil Judge (Sr.Dn.), Bidar. The said suit was came to be decreed on 30/6/1998. Thus, they were declared as joint owners of the entire extent of the land in Survey No.41 and the defendants in the said suit were restrained from interfering with the possession and enjoyment of the plaintiffs by granting perpetual injunction. The order passed by the Assistant Commissioner in the appeal referred to above was also set aside. Accordingly, the record of rights was ordered to be corrected. In view of decreeing the suit O.S.No.118/1998, the writ petition filed before this Court in W.P.No.15040/1987 also came to be disposed of.

6. It is contended that the plaintiff asked defendant Nos.1 to 6 to receive the balance consideration amount of Rs.25, 000.00 and to execute the registered sale deed in respect of the suit land. Defendant Nos.1 to 6 started dragging on the matter