The judgment in O.S. No. 297 of 2008 from the Karnataka court addresses a civil dispute between plaintiffs Sri. V. Srinivasa and Smt. Poornima Srinivasa against defendant Mahabeer Mallaraj Urs. The court ruled on the stipulations regarding the sale agreement and the essence of time in contract law, determining that the defendant failed to fulfill obligations regarding the sale deed. The judgment includes directives for the defendant to execute the sale deed and transfer possession of the properties to the plaintiffs. Issued on October 10, 2013, this legal document is essential for understanding civil litigation in Karnataka.

Key Points

  • Details the civil suit O.S. No. 297 of 2008 involving property disputes in Karnataka
  • Explains the court’s ruling on the essence of time in contract law
  • Includes directives for the execution of the sale deed and property possession
  • Highlights the roles of the plaintiffs and defendant in the case
Yashvi Anchalia
57 pages
Language:English
Type:Case Study
Accounting
Yashvi Anchalia
57 pages
Language:English
Type:Case Study
Accounting
99
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[C.R.P.67] Govt. of Karnataka
TITLE SHEET FOR JUDGEMENTS IN SUITS
IN THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE
AND C.J.M., RAMANAGARA.
Present: Sri. S. H. Hosagoudar, B.Sc., LL.B.,(Spl.)
Prl. Senior Civil Judge & C.J.M.
Ramanagara.
Date of Judgment: 10
th
day of October, 2013
O.S.No.297/2008
Plaintiff :- 1. Sri. V. Srinivasa
S/o. M.P. Venkatesh Murthy,
Aged about 36 years,
2. Smt. Poornima Srinivasa,
W/o V. Srinivasa,
Aged about 31 years,
Both are R/a
Mallathahalli Post,
Bangalore – 560 056.
Both are R/by SPA Holder
M.P. Venkatsha Murthy,
S/o Late Puttaswamaiah,
Aged about 65 years,
R/a Mallathahalli Main Road,
Mallathahali Post,
Bangalore.
Form No.9 (Civil)
Title Sheet for
Judgement in Suits
(R.P.91)
O.S.297/2008 (J)
2
(By Sri. M.M. Advocate)
-Vs.-
Defendant :- Mahabeer Mallaraj Urs,
S/o Late M.S. Mallaraj Urs,
Aged about 55 years,
R/a # 502, Saritha Swapna Nagar,
Mulund (West)
Mumbai – 400 080.
(By Sri. H.D.L. Advocate)
Date of the institution of the suit : 01.09.2008
Nature of the suit : Specific
Performance.
Date of commencement of Recording of evidence: 12.06.2012
Date of Pronouncement of Judgement : 10.10.2013
Years Months Days
Total Duration : 05 - 01 - 09
Prl. Senior Civil Judge & CJM
Ramanagara.
-:J U D G E M E N T:-
Plaintiff filed this suit against the defendant for Specific
Performance of the Contract directing the defendants to
execute Sale Deed in terms of Agreement of Sale
dated:17.9.2005 in favour of plaintiffs by receiving balance
O.S.297/2008 (J)
3
sale consideration amount of Rs.50,41,871/- in respect of
the suit schedule properties and in case if defendant fails to
do so, same may be got executed through the agency of this
Court and also directing defendant to hand over the
possession of the suit schedule properties and for cost.
2. In brief, the plaintiffs’ case is as under;
Defendant is the owner and possessor of the
Agricultural lands, situated at Nidagal Aralalsandra Village,
Kasaba Hobli, Kanakapura Taluk, formerly Bangalore Rural
District, presently Ramanagara Taluk, totally measuring 34
acres 21 guntas, comprised of nine survey Numbers
properties, which have been mentioned in the schedule to
this plaint, and hereinafter referred to as ‘Suit Schedule
Properties’ for the sake of convenience. Defendant having got
absolute salable right, he offered to sell the suit schedule
properties, in favour of the plaintiffs and plaintiffs after
verifying the documents as mentioned in the agreement,
agreed to purchase the suit schedule properties. In this
regard negotiations was settled for Rs. 60,41,875/-, for the
entire suit schedule properties, as the sale consideration
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End of Document
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FAQs

What was the nature of the suit in O.S. No. 297 of 2008?
The suit in O.S. No. 297 of 2008 was for Specific Performance of a Contract. The plaintiffs, Sri. V. Srinivasa and Smt. Poornima Srinivasa, sought a court directive for the defendant, Mahabeer Mallaraj Urs, to execute a Sale Deed in favor of the plaintiffs as per the terms of a registered Sale Agreement dated September 17, 2005. The plaintiffs claimed that the defendant failed to perform his part of the contract by not executing the Sale Deed despite receiving an advance payment.
What were the key issues framed in the case?
The key issues framed in the case included whether the defendant executed the registered agreement on September 17, 2005, and received an advance amount of Rs. 10,00,000. Other issues included whether the plaintiffs were always ready and willing to perform their part of the contract, whether time was the essence of the contract, and whether the defendant had rightfully terminated the agreement by issuing a notice on November 18, 2005.
What was the court's finding regarding the essence of time in the contract?
The court found that time was not the essence of the contract in this case. Although the agreement stipulated that the balance sale consideration was to be paid by November 15, 2005, the defendant failed to obtain a necessary Survey Sketch as mandated by government circulars for executing the Sale Deed. The court noted that the defendant's lack of action in obtaining the Survey Sketch and settling disputes at the site indicated that he was not ready or willing to perform his part of the contract.
What relief did the plaintiffs seek from the court?
The plaintiffs sought a decree for specific performance of the contract, directing the defendant to execute the registered Sale Deed in accordance with the Sale Agreement dated September 17, 2005, after receiving the balance sale consideration amount of Rs. 50,41,875. Additionally, they requested possession of the suit schedule properties from the defendant.
What was the outcome of the judgment in O.S. No. 297 of 2008?
The judgment in O.S. No. 297 of 2008 resulted in the suit being decreed in favor of the plaintiffs. The court directed the defendant to execute the Sale Deed conveying the suit schedule properties to the plaintiffs within three months from the date of the judgment. If the defendant failed to comply, the plaintiffs were permitted to execute the Sale Deed through the agency of the court.
How did the court address the issue of readiness and willingness of the plaintiffs?
The court found that the plaintiffs were always ready and willing to perform their part of the contract. Evidence presented indicated that the plaintiffs had sufficient funds to pay the balance sale consideration and had made efforts to contact the defendant regarding the execution of the Sale Deed. The court noted that the plaintiffs' actions demonstrated their intent to fulfill their contractual obligations.
What legal principles did the court reference regarding specific performance?
The court referenced legal principles from the Specific Relief Act, 1963, which states that the granting or refusing of a decree of specific performance is discretionary. The court emphasized that this discretion must be exercised judiciously, considering the conduct of the parties and the circumstances of the case. It highlighted that mere rise in market value of the property is not a valid ground to refuse specific performance.

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