The court upheld that without explicit provisions for severability in contracts, specific performance can be enforced, provided the plaintiff demonstrates readiness and the contractual agreement is valid.

JUDGMENT :

R.DEVDAS, J.

This regular first appeal is filed under Section 96 of the Code of Civil Procedure at the hands of defendant No.4 in O.S. No. 304/2018 on the file of the learned III Addl. Sr. Civil Judge & JMFC, Ranebennur (for short, ‘the trial Court’).

2. For the sake of convenience the parties shall be referred to in terms of their ranking before the trial Court.

3. The plaintiff filed the suit for specific performance of registered agreement of sale dated 28.09.2015, executed by Sri Doddakotreshi, the brother of defendant No.4 and defendant No.4 himself, in favour of the plaintiff. Since Doddakotreshi died subsequently, his wife and children are arrayed as defendants No.1 to 3. In terms of the agreement of sale the vendors agreed to sell and the plaintiff agreed to purchase the suit schedule property which consisted of ground and first floor comprising of ten commercial shops and with open space for a sum of Rs.1,45,00,000/-. Under the agreement the purchaser paid advance amount of Rs.50,00,000/- and the balance amount was to be paid at the time of registration of the sale deed, subject to the condition that within two months time the vendors would get the tenants vacated from the shops. However Doddakotreshi along with his wife and children (defendants No.1 to 3) executed a sale deed in favour of the plaintiff disposing ½ share of the suit schedule property for sale consideration of Rs.72,50,000/- (being half of Rs.1,45,00,000/-, as agreed in the agreement of sale). It is also stated in the said sale deed dated 10.08.2018 that the advance amount of Rs.50,00,000/- paid under the agreement of sale forms part of the sale consideration in the sale deed and after paying the balance sale consideration of Rs.20,50,000/-, the sale deed is executed by Doddakotreshi and his family members in favour of the plaintiff.

4. Thereafter a sum of Rs.45,00,000/- are deposited into the account of the 4^th defendant, at the hands of the plaintiff and his son. A notice is issued to the 4^th defendant calling upon the 4^th defendant to collect the balance sale consideration and execute sale deed in respect of the other half of the suit schedule property. When the 4^th defendant did not come forward to execute the sale deed, suit is filed by the plaintiff with a prayer for specific performance of the registered agreement of sale dated 28.09.2015. In the alternative, prayer is also made for refund of earnest money of Rs.45,00,000/- along with damages of Rs.55,00,000/- with interest at the rate of 18% p.a. from the date of agreement till realization. The suit is decreed by the trial Court while directing defendant No.4 to execute registered sale deed in favour of the plaintiff in respect of half share in the suit schedule property, within two months from the date of the order. The plaintiff was also directed to deposit the balance sale consideration of Rs.27,50,000/- before the Court on or before 30.10.2023.

5. Learned counsel Sri S.B. Hebballi appearing for the appellant/ defendant No.4 contended that having regard to the terms and conditions of the agreement, there is no provision for severability of the contract. Therefore, it was not permissible for the plaintiff to have got a sale deed executed at the hands of Doddakotreshi with regard to one half of the suit schedule property. In terms of the agreement, the plaintiff was required to pay the balance sale consideration to the vendors after the vendors got the shop premises vacated from the tenants and till date the tenants have not been vacated. Therefore, it is contended that there is no caus