M LAKSHMAIAH Vs. M DASARATHA RAO

JUDGEMENT

(1.) The appellant herein is the defendant in O.S.No.943/2001. The said suit was filed by the plaintiff seeking for a direction to the defendant to execute the sale deed in respect of the suit schedule property and for injunction. During the pendency of the suit, it was amended seeking for possession and mesne profits as it was alleged that the defendant had illegally dispossessed the plaintiff. The Court below, after considering the rival contentions has decreed the suit by its judgment dated 13.01.2011. The defendant claiming to be aggrieved by the same is before this Court in this appeal.

(2.) The parties would be referred to in the same rank as assigned to them before the Court below for the purpose of convenience and clarity.

(3.) The case of the plaintiff is that the defendant is the owner of the property bearing Survey No.210, Subbaiahanapalya, Banaswadi, K.R.Puram Hobli, Bangalore South Taluk. He had formed sites therein which included site Nos.9 and 10 and is described in the schedule. The defendant offered to sell the same for the sum of Rs.15000.00 and the plaintiff having accepted the offer purchased the same by paying the entire sale consideration of Rs.15000.00 on 07.02.1981. The property had not been converted for non-agricultural purpose and as the sale deed could not be registered, the defendant executed an irrevocable Power of Attorney dated 07.02.1981 which was registered and also executed an undertaking affidavit indicating that it is coupled with interest in the property. The defendant had put the plaintiff in possession and undertook to execute the sale deed as and when called upon.