S JYOTHI Vs. N MARIYAMMA

JUDGEMENT

(1.) THE appeal is filed against the judgment and decree of the XIX Additional City Civil Judge, Bangalore City in O. S. No. 1409 of 1998. The third defendant in the suit is the appellant, the first respondent is the plaintiff in the Trial Court, and the second and third respondents are the defendants 1 and 2 in the suit.

(2.) THE brief facts leading to the appeal are stated thus. The second respondent had executed a conditional sale in favour of the appellant on 20-6-1984 for a sum of Rs. 30,000/- in respect of the suit property. Under the said agreement, it was stipulated that within a period of three to five years from the date of the said deed, if the amount received under the deed is repaid to the first respondent, the appellant undertook to reconvey the property. Subsequent to the said agreement, the second respondent executed an agreement of sale in favour of the first respondent on 19-12-1984 wherein the conditional sale deed executed in respect of appellant is also mentioned and the other transactions entered into by the second respondent with others, not connected with the suit property are also mentioned.

(3.) THE suit transactions in the agreement is described as conditional sale amounting to a mortgage and all the rights and liabilities of the second respondent in respect of the suit property is conveyed in favour of the first respondent and the sale consideration of Rs. 2,00,000/- was agreed. An advance of Rs. 57,881/- was received under the said document, the balance of Rs. 1,42,119/- was agreed to be paid within two months and on such payment, it was agreed that the second respondent shall pay the liabilities whatever incurred under the conditional sale deed executed in favour of the appellant and get the liability discharged and undertook to execute a registered sale deed in favour of first respondent along with the appellant.