Vishnu S/O Ghantusa Dani, v. Sri.Ramachandrasa S/O Narasingappa Solanke
Case brief
What is this about?
specific performance; Section 16(c) Specific Relief Act readiness and willingness; financial capacity of plaintiff; Section 20 discretion and hardship; unregistered agreement of sale; Karnataka Stamp Act Article 5(e)(i)/(ii) and Article 20; ULCR Act 1976 repealed 22.03.1999; subsequent purchaser / bona fide purchaser; registered sale deed dated 22.08.2000; reverse burden of proof; refund of earnest money with 9% p.a. interest; agreement dated 06.03.1995 at Rs.40,201/- per gunta; O.S.No.195/2000 Hubli; RFA 4152/2013 and RFA 4155/2013; remand by Division Bench RFA 524/2005 c/w 737/2005.
What did the court decide?
Both appeals allowed in part: the judgment and decree dated 27.04.2013 in O.S.No.195/2000 set aside and the suit for specific performance dismissed; defendants No.1 to 7 directed to refund the earnest amount of Rs.1,50,000/- to the plaintiffs with interest at 9% p.a. from the date of agreement 06.03.1995 till repayment, to be deposited before the Principal Senior Civil Judge and JMFC, Hubli within three months, failing which the plaintiff may pursue execution; no order as to costs.