HIGH COURT OF KARNATAKA
MR. JUSTICE SREENIVAS HARISH KUMAR, MR. JUSTICE T. G. SHIVASHANKARE GOWDA, JJ
SMT BANGAREVVA W/O SIDDAPPA MARANUR – Appellant
Versus
SRI MAHALINGAPPA S/O SATYAPPA MARANUR – Respondent
| Table of Content |
|---|
| 1. defendant disputed execution of agreement (Para 3 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. trial court's findings on evidence (Para 4) |
| 3. court upheld trial court's discretion (Para 11 , 12) |
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR)
The defendant in O.S.no.12/2019 on the file of Senior Civil Judge Raibag is the appellant.
2. The respondent being the plaintiff instituted a suit for specific performance on the basis of an agreement of sale dated 27.11.2015 said to have been executed by the defendant agreeing to sell agricultural land to an extent of 2.04 acres out of 6 acres 34 guntas in Sy.No.162/2 situate at Handigund village, Raibag taluk, Belagavi district.
2.1 According to the plaintiff defendant was the absolute owner of the property and she agreed to sell it to him for a total sale consideration of Rs.16,00,000/- and received Rs.15,00,000/- from him on the date of agreement and further agreed to execute the sale deed after receiving the balance of Rs.1,00,000/- and obtaining necessary documents. As she failed to execute the sale deed despite plaintiff’s readiness and willingness to buy the property, he was constrained to issue a legal notice to her on
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