AND

DECREE

DATED

30.07.2018

PASSED

IN

O.S.NO.474/2006 ON THE FILE OF THE COURT OF SMALL CAUSES

AND SENIOR CIVIL JUDGE, MYSURU.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

JUDGMENT

The captioned second appeal is filed by the defendant

Nos.3 and 4 who are questioning the concurrent findings of

the Courts below wherein suit for specific performance filed by

plaintiff is decreed.

2.

For the sake of brevity, the parties are referred to

as per their rank before the Trial Court.

3

3.

The plaintiff filed a suit by specifically contending

that defendant Nos.1 and 2 offered to sell the suit schedule

property and accordingly have executed an agreement to sell

on 21/29.10.2005 for sale consideration of Rs.4,05,000/- by

receiving advance sale consideration of Rs.1,05,000/-. The

plaintiff contended that defendants assured that after securing

all necessary documents, they would complete the transaction

within three months. Plaintiff9s grievance is that though she is

ready to complete the transaction within three months as

agreed under the agreement, the defendants went on

postponing. Therefore, plaintiff was compelled to issue a

notice on 27.01.2006 calling