2024 INSC 927 SLP(C) No.13933/2021
REPORTABLE
IN THE SUPREME COURT OF INDIA EXTRAORDINARY APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO.13933 OF 2021
R. SHAMA NAIK Petitioner(s)
VERSUS
G. SRINIVASIAH Respondent(s)
O R D E R
1. This petition arises from the judgment and order passed
by the High Court of Karnataka at Bengaluru in Regular First
Appeal No. 1017 of 2013 dated 01-07-2021 by which the Regular
First Appeal filed by the original defendant came to be
allowed thereby quashing and setting aside the judgment and
decree of specific performance passed by the trial court in
favour of the petitioner herein-original plaintiff.
2. It appears that the petitioner herein original plaintiff
instituted a suit for specific performance of contract based
on agreement of sale dated 3rd March 2005.
3. The total sale consideration fixed in the Agreement of
sale is Rs.30,00,000/-(Rupees Thirty lakh only).
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SLP(C) No.13933/2021
Rs.12,50,000/- (Rupees Twelve lakh fifty thousand only) came
to be paid by the petitioner herein towards earnest money at
the time of execution of the agreement of sale.
4. It is the case of the petitioner that he was always ready
and willing to perform his part of the contract but it is the
respondent herein original-defendant who was not inclined to
execute the sale deed despite accepting the amoun...