LAKSHMAMMA Vs. K S SHESHANNA

JUDGEMENT

(1.) THE defendant in O. S. No. 2930 of 2001 on the file of the XI Additional city Civil Judge, Bangalore, has filed this appeal challenging the order passed on I. A. No. II, dated 7-9-2001.

(2.) THE plaintiff namely, K. S. Sheshanna has filed the said suit for specific performance of an agreement of sale dated 5-12-1999. According to him, the defendant has agreed to sell the suit schedule property for a consideration of rs. 3 lakhs and has executed the said agreement of sale dated 5-12-1999 receiving an advance amount of Rs. 2,50,000/ -. It is contended that though the plaintiff has been ready and willing to perform his part of the contract, the defendant has failed to perform her part of the obligation and has been making attempts to alienate the suit property.

(3.) THE appellant-defendant has filed the written statement denying the execution of the agreement of sale and receipt of advance as contended by the plaintiff. It is her case that plaintiff being her elder brother was managing the affairs of the suit property on her behalf. Since, he was in need of money, he has collected the original documents of the suit property from the defendant and has pledged the same with a financier. For the said purpose, the plaintiff has obtained her signatures and thumb mark on blank papers representing that he has to deposit the documents with the financier. It is pleaded that the plaintiff has practiced fraud on the defendant.