IN THE COURT OF THE PRL CIVIL JUDGE AND JMFC,

AT ANEKAL

PRESENT: SRI. GOKULA. K, B.A.L.LB.

Prl., Civil Judge & J.M.F.C.,
Anekal.
O.S.No.354/2017
Dated on this the 11th day of September 2018
PLAINTIFF:­

D. Manikya S/o Late Doraiswamy,

Age: 64 years, R/at: No. 55/A, 7 th main road,
Bilekalli, II MB post, Bannerghatta Road,
Bangalore Urban District.

(By Sri.G.V.K.R Advocate)

// Versus //

DEFENDANT:­

A Purushotham S/o R Anand,

Age: 24years, R/at: #90/1, Pro. Of Prince Garments,
11th cross, Begur Main Road,
Hongasandra village, Bangalore Urban District.

(Sri. MYM Adv)

Institution of the suit : 06­09­2017

Nature of the suit : Permanent Injunction
Recording of evidence : 25­07­2018
Closing of evidence : 25­07­2018
Pronouncing of Judgment : 11­09­2018
Year/s Month/s Day/s
Total Duration of the Suit : 01 00 05

(Gokula K.)
Prl. Civil Judge & JMFC,
Anekal.
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OS.No.354/2017

JUDGMENT

The plaintiff has filed this suit for specific performance of

agreement for sale dated 23­12­2015 against the defendant.

2. The brief case of the plaintiff is as under:­

The property bearing old Sy.No.38, new Sy.No.38/2

measuring 01 guntas situated at Nallasandra village, Jigani

Hobli, Anekal Taluk is the suit schedule property herein owned

by the defendant. The defendant has purchased the same

through registered sale deed dated 08­10­2015 in the month of

December 2015. The defendant has entered into agreement for

sale in respect of suit schedule property for total consideration

of Rs.4,90,000/­ with the plaintiff and the said agreement is

registered on 23­12­2015. The defendant has received advance

sale consideration of Rs.4,50,000/­ at the time of execution of

agreement for sale. The remaining amount of Rs.40,000/­ is

agreed to be paid after preparing the revnue documents in the

name of defendant and time fixed is one year. As per terms of

agreement the defendant not executed the sale deed and

postponed the same and not got mutated the revenue

documents in his name. Therefore the plaintiff has issued legal

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notice on 03­01­2017 demanded execution of the sale deed

infavour of the plaintiff. Inspite of service of notice the

defendant has failed to execute the sale deed. The plaintiff

further pleaded that he is ready and willing to perform his part

of the contract and if the specific performance is not ordered he

will put to hardship and loss. Therefore the plaintiff has filed

this suit.

3. After registration of the suit, suit summons issued to the

defendant. After service of summons the defendant appeared

through counsel but no filed his written statement.

4. To prove the case the plaintiff himself examined as PW1

and got marked Ex.P1 to 6 documents.

5. Heard Arguments and perused the records.

6. On the basis of the pleadings, following points arise for the

consideration of this court:­

POINTS
1. Whether the plaintiff proves that the
defendant has agreed to sell the suit schedule
property for total consideration of
Rs.4,90,000/­ and received advance
consideration of Rs.4,50,000/­ and executed
the agreement for sale dated 23­12­2015?
2. Whether the plaintiff proves that he is
always ready and willing to perform his part of
contract?
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3. Whether the plaintiff proves that the

defendant has failed to perform his part of the
contract?
4. Whether the plaintiff is entitled for the relief
claimed in the suit?
5. What order or decree?

7. My findings on the above points are as under:­

Point No.1 : In the Affirmative,
Point No.2 : In the Affirmative,
Point No.3 : In the Affirmative,
Point No.4 : In the Affirmative,
Point No.5: As per the final order, for the following:­

REASONS

8. Points No.1 to 4: As all these points are inter connected

to each other to avoid repetition of discussion all these points

are taken for discussion together.

To prove the case of the plaintiff himself examined as PW1.

The PW1 in his evidence reiterated the averements made in the

plaint. The PW1 deposed that the defendant being the owner of

the suit schedule property has entered into the agreement for

sale with the plaintiff for total consideration of Rs.4,90,000/­ on

23­12­2015. The PW1 further deposed that the defendant has

received advance sale consideration of Rs.4,50,000/­ from the

plaintiff. To substantiate this evidence of PW­1, he has

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produced the sale deed of the defendant dated 08­10­2015 as

Ex.P1 which shows that the defendant is the owner of the

property having purchased the suit property under registered

sale deed. The plaintiff has also produced the agreement for sale

entered into between the plaintiff and defendant dated 23­12­

2015 as Ex.P2. On perusal of Ex.P2 the agreement for sale the

defendant has agreed to sell the suit schedule property to the

plaintiff for a sum of Rs.4,90,000/­ and also acknowledged the

receipt of Rs.1,50,000/­ by cash and Rs.3,00,000/­ by cheque.

The defendant has also agreed to execute the sale deed by the

receiving the balance amount of Rs.40,000/­ within one year

from the date of agreement. The defendant has also

acknowledged that he has handed over the original title deed to

the plaintiffs. The contents of Ex.P2 agreement for sale clearly

shows that the defendants has executed the agreement for sale

and agreed to sell the suit schedule property to the plaintiff.

There is no material on record to doubt the genuineness of this

agreement for sale. The defendant even though appeared before

the court has not disputed this agreement and not contested

the suit. Thus the oral evidence of PW1 and content of Ex.P2
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agreement for sale clearly shows that the plaintiff has entered

into agreement for sale with the defendant and the defendant

has received advance sale consideration of Rs.4,50,000/­ and

agreed to execute the sale deed by receiving balance sale

consideration of Rs.40,000/­ within one year from the date of

agreement.

9. The PW1 further deposed that he is always ready and

willing to perform his part of the contract. As per the terms of

agreement, except paying the balance sale consideration and

bearing the expenses of registration nothing to be performed by

the plaintiff. As per the agreement the defendant ought to have

executed the sale deed on or before 23­12­2016. The Plaintiff

has issued legal notice to the defendant on 03­01­2017. Thus it

is clear that immediately after expiry the date fixed for

performance of contract the plaintiff has issued the notice to the

defendant. This also shows that the plaintiff is willing to

perform his part of the contract. The plaintiff has paid major

portion of the sale consideration. Balance sale consideration

payable is only Rs.40,000/­. Therefore there is no reason to

doubt the readiness of the plaintiff to pay the balance sale

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consideration. Thus from the evidence on record it is clear that

the plaintiff is ready and willing to perform his part of the

contract.

10. The PW1 also deposed that the agreement for sale is not

matured to sale deed only due to the default committed by the

defendants. The evidence of PW1 remained unchallenged as the

defendant has not contested the suit. The notice issued by the

plaintiff as per Ex.P3 is duly served on the defendant as per

Ex.P5. In spite of service of notice the defendant has not relied

the same nor executed the sale deed. Therefore it can held that

the sale deed is not executed suit to the default of the

defendant.

11. The plaintiff has claimed the relief of specific performance

of contract which is discretionary of 20 of Specific relief Act. The

plaintiff in the plaint has pleaded that if the specific

performance is not ordered the plaintiff will suffer loss and

hardship, There is no grounds has been made out to refuse the

specific performance of contract. Further nothing is on record to

show the hardship to be suffered to the defenant or undue

advantage availed by the plaintiff over the defendant. Therefore

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there is no reasons to reject the prayer for specific performance

of contract. Hence this court answers the answer the point No.1 to 4

in the Affirmative.

12. Points No.5:­ In view of answers to the above points, I proceed

to pass the following:­

ORDER
The suit filed by the plaintiff is hereby decreed
with cost.
The defendant directed to execute the sale deed
inrespect of suit schedule property by receiving
balance sale consideration of Rs.40,000/­ and also
directed to perform the terms of agreement for sale
dated 23­12­2015 within one month from the date of
decree.
In default the plaintiff is at liberty to get the sale
deed executed through the process of the court by
depositing balance sale consideration before this
court.
Draw decree accordingly.

(Dictated to the stenographer, transcribed and typed by her and corrected and
initialed by me and then pronounced by me in the open court on this 11 th day of
September 2018)

(Gokula .K)
Prl. Civil Judge & JMFC,
Anekal.
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ANNEXURE

WITNESS EXAMINED ON BEHALF OF THE PLAINTIFFS:

PW­1 : Manikya
DOCUMENTS MARKED ON BEHALF OF THE PLAINTIFFS:
Ex.P1 : Sale deed dated 08­10­2015
Ex.P2 : Agreement for sale dated 23­12­2015
Ex.P3 : Notice
Ex.P4 : Postal receipt
Ex.P5 : Postal acknowledgment
Ex.P6 : Encumbrance certificate
WITNESS EXAMINED ON BEHALF OF THE DEFENDANTS:
­ Nil ­

DOCUMENTS MARKED ON BEHALF OF THE DEFENDANTS:

­ Nil ­

(Gokula .K)
Prl. Civil Judge & JMFC,
Anekal.