Case Note & Summary
These two regular first appeals arose from the judgment and decree dated 30.06.2015 in O.S.No.594/2005 passed by the XI Addl. City Civil Judge, Bengaluru City, whereby the trial court decreed the suit filed by the plaintiff-respondent No.1, Miss Shany Jalal, for specific performance of a land sale agreement dated 22.11.2001 and for cancellation of a subsequent sale deed dated 06.10.2004 executed by defendant No.1 in favor of defendant No.2. The plaintiff claimed that defendant No.1, the owner of the suit property, agreed to sell it to her for a total consideration of Rs.9 lakhs, out of which Rs.1 lakh was paid earlier to the father of defendant No.1 and treated as advance. The balance consideration was to be paid in installments by specified dates, subject to defendant No.1 performing certain obligations like obtaining khatha, paying taxes, and site marking. The plaintiff alleged that despite part payment of Rs.3 lakhs on 01.02.2002 and incurring expenses for a compound wall, defendant No.1 failed to fulfill his obligations and instead executed a sale deed in favor of defendant No.2 on 06.10.2004. She issued a legal notice and public notices before filing the suit on 20.01.2005. Defendant No.1 admitted the agreement but contended that time was the essence of the contract, that the plaintiff was never ready and willing to perform, and that the agreement stood cancelled due to her breach. He claimed to have performed his obligations and sold the property to defendant No.2 due to financial constraints and plaintiff's default. He also raised a plea of limitation. Defendant No.2 filed a written statement disputing the plaintiff's claims. The trial court decreed the suit, leading to the present appeals. The High Court heard the appeals and reserved judgment. The text of the judgment cuts off before the court's analysis and final decision.
Issue of Consideration
Case Details
2024 LawText (KAR) (01) 35
RFA No. 1059 of 2015 c/w RFA No. 1057 of 2015
Sri A. Ravi Shankar, Sri Ashok B Patil, Smt. Pramila Nesargi (senior counsel for Sri Muniswamy Gowda S.G.)
Smt. S. Prasanna (in RFA No. 1059/2015) and Mr. M. Mohammed Amjad (in RFA No. 1057/2015)
Miss Shany Jalal (Common Respondent No.1), Mr. M. Mohammed Amjad (Respondent No.2 in RFA No. 1059/2015), Smt. S. Prasanna (Respondent No.2 in RFA No. 1057/2015)
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Nature of Litigation
Suit for specific performance of a land sale agreement and cancellation of a subsequent sale deed
Remedy Sought
Plaintiff sought decree for specific performance of agreement dated 27.11.01 (or 22.11.2001), cancellation of sale deed dated 06.10.2004, and perpetual injunction
Filing Reason
Plaintiff alleged defendant No.1 failed to perform obligations under the agreement and entered a sham sale deed with defendant No.2 despite part payment and readiness
Previous Decisions
Trial court decreed the suit on 30.06.2015 in favor of the plaintiff; the present appeals are against that decree
Judgment Excerpts
the plaintiff instituted the instant suit interalia contending that defendant No.1 was the owner in possession and enjoyment of the suit schedule property; that on 22.11.2001, the defendant No.1 executed a Land Sale Agreement in favour of the plaintiff in respect of the suit schedule property for a total sale consideration of Rs.9 lakhs
defendant No.1 admitted that he had executed a Land Sale Agreement dated 22.11.2001 in favour of the plaintiff for a total sale consideration of Rs.9 lakhs
defendant No.1 also contended that he got the khatha changed to his name, site marking and putting up of compound wall was done by him and not by the plaintiff
defendant No.2 filed a separate written statement interalia disputing and denying the various contentions, allegations and claims put-
Procedural History
The plaintiff filed O.S.No.594/2005 before the XI Addl. City Civil Judge, Bengaluru City, on 20.01.2005. The suit was contested by both defendants. The trial court decreed the suit on 30.06.2015. Defendant No.1 filed RFA No.1057/2015 and defendant No.2 filed RFA No.1059/2015. Both appeals were heard together and judgment was reserved on 22.01.2024.
Acts & Sections
- Code of Civil Procedure, 1908: Section 96, Order 41 Rule 1
