P.R.Yelumalai vs N.M.Ravi

3. The factual background of the case is that on 04.08.2006, one P.R. Yelumalai, who is the appellant in the first appeal, entered into an Agreement of Sale with N.M. Ravi, the respondent in the first appeal, is the absolute owner of the property. The total consideration for the sale was Rs.41,60,000/-, out of which a sum of Rs.8 Lakhs was paid as advance money towards the total consideration amount. Thereafter, the Seller vide legal notice dated 04.09.2006 sought to cancel the agreement of sale which was refused by the Buyer. This led to filing of a suit for specific performance of the contract by the Buyer P.R. Yelumalai (hereinafter referred to as "the Plaintiff-Buyer"), before the II Additional Civil Judge (Sr. Division), Kolar, being O.S. No.439/2006. The Seller N.M. Ravi (hereinafter referred to as "the Defendant-Seller") conceded to the Plaintiff-Buyer's prayer for performance of the said agreement stating that he had no objection to the Court decreeing the suit in favour of the Plaintiff-Buyer. Accordingly, the suit was decreed on 15.02.2007 and the Plaintiff-Buyer was directed to deposit the balance sale consideration of Rs.33,60,000/- by way of demand draft, in Court within one month from the date of decree and the Defendant-Seller was directed to execute regular sale deed in favour of the Plaintiff-Buyer, within three months from the date of decree. It was made clear by the Trial Court in the decree that if the balance amount of sale consideration is not deposited within one month from the date of decree, the suit shall be deemed to have been dismissed.

4. The Plaintiff-Buyer did not deposit the said amount within one month as stipulated in the decree but he filed an application for extension of time for depositing the amount of balance sale consideration and vide order dated 17.03.2007, the Additional Civil Judge (Sr. Division) extended the time by two months. After the extension order, the last date for deposit of the amount fell during the Summer Vacation of the Court. The Plaintiff-Buyer did not deposit the said amount even on the re-opening day after Summer Vacation, i.e. 28.05.2007. But allegedly, he filed a Memo for issue of Receipt Order (R.O.) for depositing the said amount. However as per the records, the R.O. was issued on 29.05.2007 and the amount was deposited on the same day by cash.

15. Thus, in the present case, the Plaintiff-Buyer has clearly defaulted on time of depositing as well as the mode of payment. The decree was self- operative and the suit stood dismissed for non-compliance of the decree. Further, the Plaintiff-Buyer also failed to make out a case for condonation of delay. In view of these findings, we are of the opinion that the questions formulated by the High Court in the order of remand are not required to be answered by the Trial Court. Consequently, the appeal filed by the Plaintiff-Buyer is dismissed and the appeal filed by the Defendant- Seller is allowed. There shall be no order as to costs.

March 27, 2015.

(Arising out of impugned final judgment and order dated 22/08/2011 in WP No. 6449/2010 passed by the High Court Of Karnataka At Bangalore) P.R.YELUMALAI Petitioner(s) VERSUS N.M.RAVI Respondent(s) WITH C.A. No..../2015 @ SLP(C) No. 10852/2013 Date : 27/03/2015 These petitions were called on for pronouncement of judgment today.

Leave granted in both the matters.

The appeal filed by the Plaintiff-Buyer is dismissed and the appeal filed by the Defendant-Seller is allowed with no order as to costs in terms of the signed reportable judgment.

(Signed reportable judgment is placed on the file)