SATYAM LAKSHMI Vs. K/M. KRISHNA MURTHY

JUDGEMENT

(1.) This Revision Petition is filed by defendant No.11 in O.S.No.208/2008 pending trial before the Senior Civil Judge at Doddaballapur (henceforth referred to as 'Trial Court'), challenging an Order dtd. 10/9/2012 by which an application filed by him under Order VII Rule 11(d) read with Sec. 151 of the Code of Civil Procedure, 1908 (henceforth referred to as 'CPC' for short) was rejected.

(2.) The suit in O.S.No.208/2008 was filed for specific performance of an agreement of sale dtd. 9/6/2007 executed by the defendant Nos.1 to 10, agreeing to sell the land bearing old Sy.No.15, new Sy.No.113 situate at Menasi village, Kasaba Hobli, Doddaballapur taluk measuring 3 acres 3 guntas for a total sale consideration of '.22,90,875/-. The plaintiff claimed that he had paid a sum of '.6,00,000/- as part of agreed sale consideration and the balance was to be paid at the time of registration of a deed of absolute sale, which was to be after obtaining permission from the State Government to sell the property.

(3.) The suit was contested by the defendant No.1 who denied the execution of sale agreement dtd. 9/6/2007. He contended that the suit property was granted to him and as he belonged to the depressed class. He sought and obtained permission from the State Government under Sec. 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (henceforth referred to as the 'PTCL Act') on 17/10/2007 and thereafter sold it to the defendant No.11 on 28/6/2008.