The validity of a sale agreement can be undermined by strained relationships between parties, and expert testimony on handwriting is pivotal for establishing the authenticity of signatures.

JUDGMENT :

SHIVASHANKAR AMARANNAVAR, J.

1. This appeal is filed by the appellant/defendant praying to set aside the Judgment and decree dated 15.09.2024 passed in R.A.No.57/2011 by the III Additional District and Sessions Judge, Gulbarga (for short ‘the appellate Court’) and confirm the Judgment and decree dated 03.03.2011 passed in O.S.No.313/2005 by the Principal Civil Judge (Sr. Dn.), Gulbarga (for short ‘the trial Court’).

2. The respondent/plaintiff had filed a suit in O.S.No.313/2005 against the appellant/defendant seeking relief of specific performance of sale agreement dated 08.12.2002.

3. The case of the plaintiff as narrated in the plaint is as under:

(a) The plaintiff and defendant are brothers. They started their business in the name and style of M/s. Jai Bhavani Wine Center.

(b) His brother defendant expressed his willingness to discontinue the business with the plaintiff on the plea that he does not want to carry on the business as he want to become an advocate. The suit shop was purchased in the name of defendant through registered sale deed in the year 1985. The plaintiff is in settle possession of the suit property prior to 2002. He is running his wine shop in the name and style M/s Jai Bhavani Wine Center and plaintiff’s son is partner to the said firm.

(c) The defendant agreed to sell the suit property to the plaintiff for a sum of Rs.1,10,000/- on 8-12-2002 at Gulbarga. He has executed the agreement of sale on stamp paper. The copy of the suit property was mutated in the name of the plaintiff, the plaintiff has paid all the municipal taxes and got license to run the wine shop in the suit premises. The defendant received the money of Rs.60,000/- and delivered possession of the said shop to the plaintiff even prior to the execution of agreement of sale. The plaintiff requested the defendant to receive the balance amount of Rs.50,000/- and executed a registered sale deed in his favour.

(d) The plaintiff approached the defendant to receive the remaining balance and to execute the sale deed in his favour but the defendant postponed in one or the other pretext. The defendant refused to execute the sale deed on the plea of rise in the market value of the suit property and demanded another Rs.1 lakh from the plaintiff, the plaintiff did not agree to this proposal. The plaintiff is ready and willing to perform his part of contract and even till this date he is ready to perform his part of contract. The plaintiff approached the Deputy Commissioner for stamps under Sec. 31 of the Karnataka Stamp Act. The Deputy commissioner allowed the plaintiff to pay deficit stamp duty of Rs.13,915/- and the plaintiff has paid the challan at S.B.H Super Market Branch, Gulbarga on 21-11-2005.

(e) The defendant, one Ashok Lakhe and Beersing attempted to lock the suit shop. Therefore the plaintiff pressed to direct the defendant to execute the registered sale deed in his favour in respect of the suit property and to restrain the plaintiff from interfering with peaceful possession and enjoyment over the suit property.

4. The defendant has filed written statement, wherein, it is contended as under:

(a) The defendant has filed his written statement, the relationship between the plaintiff and defendant as brothers is admitted. The plaintiff and defendant started business in the name and style M/s. Jai Bhavani Wine Center in the suit property in the month of December 1982 is false. The plaintiff and defendant have not started partnership firm and the defendant expressed to discontinue with the business on the pleas that he want to become an advocate is also denied. The defendant admits that he has purchased the suit property in the year 1985 under registered sale deed. According to the defendant it self acquired property, he has given the suit property on rental basis to M/s Jai Bhavani Wine Center and the firm was closed in the year 2003-04 and he later gave the suit premises to one Chanbasappa Samni for the wine center and he is running the wine cen