R L PINTO Vs. F F MENZES

JUDGEMENT

(1.) DEFENDANTS 1 and 3 being aggrieved by the decree granted by the trial Court in O. S. No. 98/87 directing the refund of the advance amount to the plaintiff have filed the appeal.

(2.) THE appellants are the husband and wife. The second appellant is the owner of the property and the first appellant, the general power of attorney of the second appellant. The second respondent in the appeal is the second defendant in the suit, who purchased the suit property from the appellants 1 and 2 after the cancellation of contract between the appellants and the first respondent.

(3.) THE first appellant, representing to be the Power of Attorney of the second appellant, entered into an agreement of sale with the plaintiff on 1-10-1986 agreeing to sell 44. 27 acres of lands spread over in different Sy. Nos. with different extents, for a sum of Rs. 22 lakhs. At the time of the agreement, an advance amount of Rs. 3,75,000/- was paid by the plaintiff in three instances, i. e. , Rs. 50,000/- on 23-9-1986, Rs. 3,00,000/- on 1-10-1986 and Rs. 35,000/- on 6-10-1986. It was agreed that the balance consideration of Rs. 18,50,000/- is to be payable before 31-12-1986, by which date, the registration of sale is to be completed.