Bangalore District Court
Shubhakar P vs Vasanth Kumar V on 15 March, 2025
KABC010224912020
Govt. of Karnataka TITLE SHEET FOR JUDGMENT IN SUITS
Form No.9(Civil)
Title Sheet for
Judgment in suits
(R.P.91)
IN THE COURT OF THE VI ADDL. CITY CIVIL & SESSIONS JUDGE
AT BENGALURU CITY
(CCCH.11)
DATED THIS THE 15th DAY OF MARCH 2025
PRESENT: Sri. S. NATARAJ, B.A.L., LL.B.,
(Name of the Presiding Judge)
O.S.NO.6311/2020
PLAINTIFF Sri P. Shubhakar,
S/o Late Papanna Reddy,
Aged about 46 years,
Residing at No.
Devarabisanahalli Village,
Bellandur Post, Varthur Hobli,
Bengaluru East Taluk,
Bengaluru - 560103.
[By Sri L.L., Advocate]
/Vs/
DEFENDANT Sri V. Vasanth Kumar,
S/o Sri Venkataswamy Naidu,
Aged about 55 years,
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OS.No. 6311/2020
Residing at No.36,
Krishnappa Layout,
Sanjay Nagar, RMV II Stage Post,
Bangalore - 560094.
And also at :
R/at No.35, Chitra,
4th Cross, R.K. Gardens,
Bangalore - 560054.
[EXPARTE]
Date of Institution of the suit : 14-12-2020
Nature of the Suit : Specific
Performance
Date of commencement of recording
of evidence : 09-01-2023
Date on which the Judgment was
pronounced : 15-03-2025
Year/s Month/s Day/s
Total Duration : 04 03 01
(S. NATARAJ)
VI ADDL. CITY CIVIL & SESSIONS JUDGE
BENGALURU CITY
3
OS.No. 6311/2020
JUDGMENT
This is a suit for specific performance directing
the defendant to execute the registered sale deed in
respect of suit schedule property in favour of plaintiff
or nominee by receiving balance sale consideration
amount as per the sale agreement dated 13-12-2017.
2. The brief facts of the plaintiff’s case are as
follows :
2(a). The defendant is the owner of the suit schedule
property acquired through sale deed dated 24-03-
2005. The defendant approached the plaintiff and
offered to sell the suit schedule property for his
urgent funds to clear his debts, family and legal
necessities for sale consideration of Rs.45,00,000/-.
The plaintiff agreed the offer and executed a sale
agreement on 13-12-2017. The defendant has
received Rs.35 lakhs from the plaintiff as advance
4
OS.No. 6311/2020sale consideration amount through four cheques.
The defendant acknowledged the receipt of the
advance sale consideration amount and agreed to
secure the relevant documents from BBMP within a
period of 11 months and after receiving balance sale
consideration amount he would execute the sale
deed.
2(b). The plaintiff has been ready and willing to
perform his part of contract. The defendant has not
performed his part of contract. The plaintiff has
insisted the defendant to perform his part of contract
by receiving sale consideration amount to execute the
sale deed, but not complied it. On 05-10-2020 finally
demanded the defendant to furnish the documents
and execute the sale deed, the defendant started
demanding to pay higher amount as prices has been
increased without furnishing documents. The notice
was issued on 08-10-2020 demanding the defendant
to execute the sale deed. Notices were returned as
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OS.No. 6311/2020‘left’ and refused to execute the sale deed, as such,
filed the suit.
3. The defendant after service of summons
remained absent and placed exparte.
4. The plaintiff examined as PW.1. Exs.P-1 to P-8
documents are marked.
5. The plaintiff counsel files a written arguments
and filed Memo with citation. Perused the record.
6. On the basis of the above said pleadings, the
following points would arise for my consideration :
1) Whether the plaintiff proves that the
defendant has executed registered sale
agreement dated 13-12-2017 to sell the
suit schedule property in his favour for
sale consideration of Rs.45,00,000/- ?
2) Whether the plaintiff proves that he has
paid Rs.35,00,000/- through cheques as
advance sale consideration amount to
the defendant ?
3) Whether the plaintiff has been ready and
willing to perform his part of contract ?
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OS.No. 6311/2020
4) Whether the plaintiff is entitled for relief
of specific performance ?
5) What decree or order ?
7. My findings on the above points are as follows:
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 AND 2 :- These two points are
inter-connected and taken together for common
consideration to avoid the repetition of facts.
9. The plaintiff – P. Shubhakar in his chief-
examination evidence deposed that the defendant is
the owner and offered to sell the suit schedule
property executed the registered sale agreement for
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OS.No. 6311/2020
Rs.45,0,000/- and executed the sale agreement on
13-12-2017 by receiving advance sale consideration
amount of Rs.35,00,000/- through cheques. The
plaintiff produced Ex.P-1 original registered sale
agreement dated 13-12-2017. The recital would
show the defendant as a owner offered to sell the suit
schedule property for Rs.45 lakhs and executed the
sale agreement. Ex.P-6 is the Encumbrance
certificate, which would reflect the sale transaction.
Ex.P-7 is the digital copy of the sale deed dated
24-03-2005 purchased by the defendant from
Venkataramaiah and others. Ex.P-8 series of tax
paid receipts paid by the defendant in respect of suit
schedule property. The above said documents would
show the defendant is a owner of suit schedule
property and executed the sale agreement in favour
of plaintiff.
9(a). The recitals also show the plaintiff had paid
Rs.35,00,000/-, out of which Rs.5,00,000/- through
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OS.No. 6311/2020
cheque bearing No.11708 dated 13-12-2017 drawn
on Canara Bank, Varthur Hobli branch, Bengaluru,
Rs.10,00,000/- through cheque bearing No.11709
dated 13-12-2017 drawn on Canara Bank, Varthur
Hobli branch, Bengaluru, Rs.10,00,000/- through
cheque bearing No.117010 dated 13-12-2017 drawn
on Canara Bank, Varthur Hobli branch, Bengaluru, a
sum of Rs.10,00,000/- through cheque bearing
No.117011 dated 13-12-2017 drawn on Canara
Bank, Varthur Hobli branch, Bengaluru, in all
Rs.35,00,000/- towards advance sale consideration
amount. The defendant acknowledged the receipt of
said amount and incorporated the said payment
details in the sale agreement itself. The defendant is
the executant of signatory to sale agreement has not
disputed its execution and receipt of advance amount
from the plaintiff. So, there is no contra evidence on
behalf of the defendant. Therefore, the plaintiff
through oral and documentary proof established the
execution of sale agreement and payment of advance
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OS.No. 6311/2020
sale consideration amount to the defendant.
Accordingly, answered points No.1 and 2 in the
Affirmative.
10. POINT NO.3 AND 4: The plaintiff in his plaint
averments deposed that the defendant has agreed to
provide BBMP khatha, tax paid receipts, khatha
extracts and execute the sale deed within 11 months
from the date of agreement. Para 5 of the agreement
disclose about the transaction should be completed
within 11 months. The defendant has agreed to
furnish the documents in favour of plaintiff. The
plaintiff in his pleadings and evidence deposed that
in spite of several request made to the defendant, he
has not furnished the documents or execute the
registered sale deed by receiving balance sale
consideration of Rs.10 lakhs. This vital part of the
evidence is not disputed by the defendant by way of
contesting.
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OS.No. 6311/2020
10(a). The period of 11 months to complete
transaction is depending upon the defendant to
furnish the documents. Until furnishing of those
documents, the obligation on the part of the plaintiff
would not commence. The plaintiff in his evidence
stated that he is always ready and willing to perform
his part of contract, the defendant has refused to do
it. The plaintiff no doubt to show that he has
balance amount of Rs.10 lakhs is ready with him, the
bank statement is not produced. Nevertheless, the
statement made by him on oath is not disputed by
the other side, more so around 77% of sale
consideration amount has been paid by way of
advance. As such, in all probabilities it could be
inferred the plaintiff is ready to pay balance sale
consideration amount of Rs.10 lakhs and have the
registered sale deed from the defendant.
10(b). The plaintiff has also got issued legal notice to
the defendant to two addresses which were returned
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OS.No. 6311/2020
as ‘left’ and ‘addressee left’. The address mentioned
in RPAD postal covers and the same address
mentioned at Ex.P-1 – Sale Agreement and defendant
Sale deed at Ex.P-7. Once the article is posted to the
correct address under Sec.27 of General Clause Act,
there is deemed service of notice, unless contrary is
proved. The defendant having placed exparte, as
such there is no contrary evidence. Therefore, there
is deemed service of notice. The defendant has not
come forward to execute the sale deed in favour of
plaintiff. The suit has been filed from the date of
refusal by the defendant within 3 years. Though the
sale agreement stipulates 11 months period to
complete the transaction, the time is not the essence
in a contract. The plaintiff has instituted the suit
within reasonable period as there was no obligation
upon him until the defendant furnishes the
documents as per Clause 5 of the sale agreement.
Having not complied the same by the defendant, the
plaintiff after his repeated demand and request
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OS.No. 6311/2020
defendant to furnish, after issuance of notice he had
noticed that the defendant refused to execute the sale
deed, from that date within 3 years the suit has been
filed under Art.54 of Limitation Act.
11. In so far as grant of relief of specific performance
is discretionary relief though the Court is not bound
to grant it, having consider the conduct of the
parties, the nature of the transaction of the sale
consideration fixed at Rs.45,00,000/-, out of which
Rs.35,00,000/- has already been paid, under these
circumstances, there is no reason to refuse the order
of specific performance. Accordingly, answered the
points No.3 and 4 in the Affirmative.
12. POINT NO.5: In view of my findings on points
No.1 to 4, I proceed to pass the following:
ORDER
The suit of the plaintiff is decreed with
costs.
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OS.No. 6311/2020
The defendant is directed to execute the
registered sale deed in favour of plaintiff in
respect of suit schedule property as per the
registered Sale agreement dated 13-12-2017
within 60 days by receiving balance sale
consideration amount of Rs.10,00,000/-
from the plaintiff.
The plaintiff is directed to deposit balance
sale consideration of Rs.10,00,000/- before
the Court within 30 days.
Draw decree accordingly.
(Dictated to the Stenographer Grade-I, transcribed and
computerized by her, transcript thereof corrected and
then pronounced by me in open court, on this the 15th
day of March 2025)(S. NATARAJ)
VI Addl.City Civil & Sessions Judge
Bengaluru City.
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OS.No. 6311/2020
ANNEXURE
1. List of witnesses examined on behalf of :
(a) Plaintiff's side :
P.W.1 P. Shubhakar - dt: 09-01-2023
(b) Defendants' side : - NIL -
2. List of documents exhibited on behalf of :
(a) Plaintiff's side :
Ex.P.1 Registered Sale agreement dt: 13-12-2017
Ex.P.2 Copy of notice dt: 08-10-2020
Ex.P.3 2 postal receipts
Ex.P.4 & 2 postal RPAD covers.
P.5
Ex.P.6 E.C. from 03-12-2017 to 13-12-2017
Ex.P.7 Digital sale deed dt: 24-03-2005
Ex.P.8 4 tax paid receipts marked in series.
Ex.P.8 2 postal RPAD receipts marked in series
Ex.P.9 Postal acknowledgment
Ex.P.10 Reply notice issued by Defendant No.2
(b) Defendants' side : - NIL -
VI Addl. City Civil & Sessions Judge
Bengaluru City.
