DODDAMUNIYAPPA Vs. LAKSHMAMMA

JUDGEMENT

(1.) THIS regular first appeal is filed by the plaintiffs challenging the judgment and decree dated 07.10.2006 passed by the XXV Additional City Civil Judge, Bangalore, in O.S.No.8462/2003, dismissing the suit filed against the defendants for a judgment and decree for declaring that the plaintiffs are absolute owners of the suit schedule property and to set aside the registered sale deed executed by defendant No.1 in favour of defendant No.2, based on the General Power of Attorney and affidavit dated 30.06.1988 and also to declare that the said sale deed is not binding on the plaintiffs and to direct defendant Nos.1 and 2 to hand over the vacant physical possession of the suit schedule property to the plaintiffs.

(2.) PARTIES are referred as per their ranking before the trial court.

(3.) THE defendant Nos.1 and 2 resisted the above suit by filing written statement, contending interalia that they did not have any knowledge of cancellation of General Power of Attorney by plaintiff No.1 and that defendant No.2 is a bonafide purchaser of the suit schedule property for value from the first defendant and therefore, the said sale deed cannot be nullified. It is further contended by the defendant that the alleged agreement of sale is a concocted document by the plaintiff No.1 himself and that the defendant No.1 has never signed the said agreement of sale. It is therefore the contention that defendant No.1 had paid the entire sale consideration of Rs.80,000.00 to plaintiff No.1 on 30.06.1988 itself and that there is no defect in the title of the second defendant, insofar as the suit schedule property are concerned and that the entire sale consideration payable to the first plaintiff has been paid as per the averments in the affidavit executed by the first plaintiff on 30.06.1988 itself. Hence, the defendants have prayed for dismissal of the suit.