N. KRISHNAPPA Vs. R. DILIP KUMAR

JUDGEMENT

(1.) This is a defendant's appeal calling in question the judgment and decree passed in O.S.No.16831/2001 whereunder suit filed by the plaintiffs seeking specific performance by directing the defendant to receive the balance sale consideration and execute the sale deed in their favour in respect of the suit schedule property in all measuring 5027.75 sq. ft. has been decreed.

(2.) The suit initially was filed for the relief of permanent injunction namely to restrain the defendant from interfering with or obstructing plaintiffs' lawful possession and enjoyment of the suit schedule property. Subsequently, prayer came to be amended seeking relief of specific performance and to direct the defendant to receive the balance sale consideration amount and to execute the sale deed in respect of suit schedule property in favour of plaintiffs and in the alternate to direct the defendant to refund double the amount paid towards the agreed sale consideration. Defendant appeared and filed his written statement denying the claim of the plaintiff but admitting the execution of Memorandum of Understanding (hereinafter referred to as 'MOU' in short), Agreement of Sale, supplemental agreements and endorsement made on supplemental agreement dated 17.10.1996.

(3.) On the basis of the pleadings of the parties learned trial judge framed the following issues for consideration: