K. SUKUMARAN Vs. MUNIYAMMA

JUDGEMENT

(1.) THIS appeal is filed by the unsuccessful plaintiff in O.S. No. 879/1995 against the judgment and decree dated 21.8.2006 passed by the Prl.Civil Judge (Sr.Dn.,) Bangalore Rural District, Bangalore. For the sake of convenience, the parties will be referred to as per their respective ranking before the trial Court,

(2.) THE defendants 1 to 13 (respondents 1 to 13 herein) are the owners of one compact block of land bearing Survey No. 40, measuring 0.08 guntas, Survey No. 41/1, measuring 0.12 guntas. Survey No. 42/1, measuring 0.15 guntas. Survey No. 42/2, measuring 0.34 guntas, situated at Beretena Agrahara Village, Begur Hobli village, Bangalore South Taluk. The agreement came to be entered into between the plaintiff and defendants on 10.1.1993 as per Ex. P -1 by which the defendants agreed to sell the aforementioned compact block of four survey numbers in favour of the plaintiff for a sum of Rs. 19,500/ - per gunta which aggregates to a total sum of Rs. 13,45,500/ -. On the date of agreement, an advance amount of Rs. 3 lakhs was paid. The Sale Deed was to be executed within the period of six months and the balance of sate consideration was payable at the time of execution of the Sale Deed. A survey was required to be conducted through Survey Department.

(3.) ON 31st October 1995, the defendants 12 and 13 who were not signatories to the earlier two Sale Deeds Exs,P -5 and P -7, executed two Deeds of Consent in respect of Sale Deeds dated 22.12.1993 and 22.3.1994 referred to herein above. The two Consent Deeds dated 31.10.1995 are produced and marked at Exs.P -6 and P -8 respectively before the trial Court.