(PER: THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
The regular first appeal is filed by the defendants
challenging the judgment and decree dated 31.07.2012
passed in O.S.No.90/2009 by the Court of First Addl.
Senior Civil Judge, Hubli, thereby the suit filed by the
plaintiffs for specific performance of contract is decreed in
full directing the defendants to execute the registered sale
deed in favour of the plaintiffs by receiving the balance
sale consideration amount.
2. Rank of the parties are referred to as per their
rankings before the trial court.
PLAINT:
3. It is the case of the plaintiffs that the defendants
are owners of suit schedule property and they had asked
for financial assistance from the plaintiffs in the first week
of March, 2007 and offered to sell the suit schedule
property to the plaintiffs. The defendants agreed to sell
NC: 2025:KHC-D:7654
HC-KAR
suit property for a total sale consideration of
Rs.11,25,000/- and the plaintiffs have agreed to purchase
the said property. Accordingly, agreement of sale dated
06.03.2007 was executed and the plaintiffs have paid a
sum of Rs.2,50,000/- through pay order of State Bank of
India, Hubli, for Rs.1,50,000/- and another sum of
Rs.1,00,000/- was paid through cheque of Bank of
Maharastra.