M V SHANKAR BHAT Vs. CLAUDE PINTO

JUDGEMENT

(1.) Plaintiffs are in appeal before us. Plaintiff No. 1 was a tenant in a part of the premises in question, which belonged to Montu Mary Pinto, since deceased. She died in 1974. She executed a Will and last testament (Exhibit P-2(2A)) on or about 25-4-1972 whereby defendant No. 1 was appointed as the sole executor. The relevant clauses of the said Will are:

(2.) Indisputably the said Will was probated. Defendant No. 1, however, as executor or otherwise did not sell the property immediately. While he was toying with the idea of alienating the suit property, the plaintiff-appellant who is a practicing advocate and whose advices had been sought for as regards possible legal impediments, if any, in relation thereto, offered himself as a willing purchaser. A large number of correspondences passed between the parties. The evidence on record shows that the plaintiff No. 1 drafted the agreement for sale and handed over the same to defendant No. 1 who made corrections therein. On or about 4-12-1979, an agreement of sale was entered into between the parties, paragraph 1 whereof is in the following terms:

(3.) It appears from the records that the plaintiff advised defendant No. 1 to obtain power of attorney from the other legatees so that all of them can execute the deeds of sale jointly. Two such draft sale deeds were prepared; one to be executed in favour of plaintiff No. 1 and another in favour of plaintiff No. 2 who was the nominee of the plaintiff No. 1.