ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

This regular first appeal is filed by the appellant, challenging the judgment and decree dated 30.10.2019 passed in O.S.No.148/2015 by the learned Additional Senior Civil Judge, Jamkhandi.

2. For convenience, the parties are referred to, based on their ranking before the trial court. The appellant was the defendant, and the respondent was the plaintiff.

3. Brief facts, leading rise to the filing of this appeal are as follows:-

The plaintiff filed a suit against the defendant for a specific performance of the contract. It is the case of the plaintiff that the defendant is the absolute owner of the suit schedule property. He agreed to sell the same for valuable consideration of Rs.40 lakhs, and executed a registered sale agreement dated 05.10.2013 by receiving advance sale consideration amount of Rs.15 lakhs. Further, agreed to execute a registered sale deed by accepting the balance consideration amount of Rs.25 lakhs on or before 04.10.2015. It is contended that, the plaintiff was/is always ready and willing to perform his part of the contract. The defendant failed to perform his part of the contract, and he evaded the same on