Defendants in a specific performance suit challenged the first appellate court's decree directing execution of a registered sale deed. The High Court held the plaintiff had proved the agreement and readiness and willingness via legal notices, found no substantial question of law, and dismissed the second appeal.
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NC: 2024:KHC:32029 RSA No. 500 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO.500 OF 2024 (SP)
BETWEEN:
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
(BY SRI. BALAKRISHNA K., ADVOCATE)
…APPELLANTS
AND:
SRI CHIKKANNA, S/O SHIVEGOWDA, AGED ABOUT 47 YEARS, R/A HOSA UNDAVADI VILLAGE, BELAGOLA HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 606.
NC: 2024:KHC:32029 RSA No. 500 of 2024
…RESPONDENT
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.12.2023 PASSED IN RA NO.37/2022 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.04.2022 PASSED IN O.S. NO.316/2018 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, PANDAVAPURA.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
JUDGMENT
This appeal is preferred by defendant Nos.1 to 3, challenging the judgment and decree dated 11.12.2023 in R.A.No.37/2022 on the file of Additional Senior Civil Judge & JMFC at Pandavapura, allowing the appeal in respect of the suit for specific performance by setting aside the judgment and decree dated 12.04.2022 in O.S. No.316/2018, decreeing the suit in part.
defendants had made an offer to sell the suit schedule
NC: 2024:KHC:32029 RSA No. 500 of 2024
property in favour of the plaintiff for their legal necessities, and in this regard, the parties entered into a registered Sale Agreement dated 01.06.2015. The total sale consideration amount set out in the Agreement of Sale dated 01.06.2015 is Rs.2,56,000/- and as such, it is averred in the plaint that, the plaintiff paid Rs.2,00,000/-, as advance consideration amount and agreed to pay the balance of sale consideration of Rs.56,000/- at the time of registration of Sale Deed before the jurisdictional SubRegistrar.
NC: 2024:KHC:32029 RSA No. 500 of 2024
to execute the same and as such, the plaintiff has filed suit in O.S. No.316/2018 before the Trial Court, seeking the
relief of specific performance of the registered Sale Agreement dated 01.06.2015.
entered appearance and filed detailed written statement contending that, the defendants have received a hand loan from the plaintiff and in that pretext, the defendants have executed the Sale Agreement in favour of the plaintiff. It is also stated in the written statement that the suit
schedule property values more than Rs.30,00,000/-, and therefore, the sale agreement dated 01.06.2015 is a sham document and the same cannot be relied upon and accordingly, the defendants have sought for dismissal of the suit.
NC: 2024:KHC:32029 RSA No. 500 of 2024
Ex.P-19. Defendant No.3 was examined as DW-1 and no documents were produced by the defendants.
R.A.No.37/2022 on the file of the First Appellate Court and
said appeal was resisted by the defendants. The First Appellate Court after considering the material on record, by Judgment and Decree dated 11.12.2023 set aside the Judgment and Decree dated 12.04.2022 in O.S.No.316/2018, and allowed the appeal, consequently directed the defendants to execute the registered Sale
Deed in respect of the suit schedule property. Feeling aggrieved by the same, the defendants has preferred this Regular Second Appeal.
NC: 2024:KHC:32029 RSA No. 500 of 2024
NC: 2024:KHC:32029 RSA No. 500 of 2024
willingness to execute the registered Sale Deed and accordingly, sought for interference of this Court.
issued one more rejoinder notice produced at Ex.P-11 and 3 postal receipts and acknowledgments have been marked as Ex.P-5 to Ex.P-10 and Ex.P-12 to Ex.P-18. In that view of the matter, the plaintiff while issuing the legal notice at Ex.P-4 and Ex.P-11, expresses his readiness and willingness to perform his part of the contract in terms of the registered Sale Agreement dated 01.06.2015 (Ex.P-1). Admittedly, no documents were produced by the defendants and same would suffice that no reply has been given by the defendants.
NC: 2024:KHC:32029 RSA No. 500 of 2024
execute registered Sale Deed. In this regard, the First Appellate Court has rightly re-appreciated the entire evidence on record as the defendants have failed to prove that the sale consideration of a sum of Rs.2,56,000/- has been received by them as hand loan and no documents have been produced before the Trial Court to substantiate the said aspects and following the declaration of law made
by the Hon'ble Apex Court in the case of C.S. Venkatesh Vs. A.S.C. Murthy reported in AIR 2020 SC 930, I am of the view that, the First Appellate Court has rightly decreed
the suit of the plaintiff by directing the defendants to execute the sale deed and therefore, no interference is called for in this appeal and no substantial question of law arises for consideration. The regular second appeal being
devoid of merits stands dismissed .
Sd/(E.S.INDIRESH) JUDGE
TMP/List No.: 1 Sl No.: 45
2 issues framed by the court
Whether the registered Sale Agreement dated 01.06.2015 was a genuine sale agreement or a sham document executed to secure a hand loan.
Whether the plaintiff proved readiness and willingness to perform his part of the contract so as to entitle him to specific performance.
Colour shows how this judgement treated each authority
C.S. Venkatesh Vs. A.S.C. MurthyFollowed¶14
AIR 2020 SC 930 · Who else cites this
1 provisions across 1 enactments
Sri Krishnegowda
Smt. Sakamma
Sri B.K. Vishakantegowda
Sri Chikkanna
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
