H N NARAYANASWAMY NAIDU Vs. DEVEERAMMA

JUDGEMENT

(1.) This appeal by defendant-3 is directed against the judgment and decree dated 24-10-1973 passed by the Civil Judge, Hassan, in RA No. 176 of 1972, on his file, dismissing the appeal by the present appellant before him, on confirming the judgment and decree dated 10-10-1972 passed by the Addl. Munsiff, Hassan in OS No. 271 of 1969, on his file, decreeing the suit of the plaintiff for specific performance of an agreement under Ex. P. 1 dated 1-10-1967.

(2.) The plaintiff averred that defendant- 1 and his mother sold the suit properties in her favour on 21-3-1966 as per Ex. P. 2; bat, that they obtained an agreement to reconvey as per Ex. P-3 on the same day under which the plaintiff agreed to reconvey the properties, to the vendors in case they pay the entire amount of consideration after six years and within six months thereafter. Subsequently, however, since the vendors were in need of money, they further executed an agreement that they would, release the agreement of reconveyance under Ex. P-1. It is for that purpose that the present suit was instituted by the plaintiff in OS No. 271 of 1969 calling upon them to execute the registered release deed as assured under Ex. P-1.

(3.) Defendants 1 and 2 filed their written statement denying the execution of Ex. P-l. Defendant-3 contended that he had purchased the right to obtain reconveyance from defendants 1 and 2 under Ex. D-1 dated 29-5-1969. He further contended that he obtained the right bona fide and without knowledge of Ex. P-1 for consideration and hence, the said Ex. P-1 was not binding on him.