P. DEVARAJ Vs. KAMALAMMA

JUDGEMENT

(1.) The above First Appeal is filed under Sec. 96 of Code of Civil Procedure, 1908 (for short 'CPC') by the Plaintiffs challenging the order dtd. 12/8/2015 passed on I.A. No.8 in O.S. No.1216/2013 by the Prl. Senior Civil Judge, Bengaluru Rural District, Bengaluru whereunder I.A. No.8 filed under Order 7 Rule 11 (a), (b), (c) and (d) of CPC has been allowed and the plaint has been rejected.

(2.) For the sake of convenience, the parties will be referred to as per their rank before the Trial Court.

(3.) The case of the Plaintiffs, in brief, necessary for consideration of the present Appeal is that, Defendant Nos.1 to 7 are the absolute owners of land bearing Sy. No.115 (new No.142) measuring 4 acres 10 guntas situated at Channasandra, Bidarahalli Hobli, Bengaluru East Taluk, Bengaluru (hereinafter referred to as 'suit property'). That the Plaintiffs entered into an Agreement of Sale dtd. 15/9/2011 with Defendant Nos.1 to 7 to purchase the suit property for a total consideration of Rs.3,82,50,000.00 (Rs.90.00 lakhs per acre) and an advance of Rs.10.00 lakhs was paid on the date of the Agreement. That the sale transaction was required to be completed after the revenue records in respect of the suit property was transferred in the name of the Defendants. That although the Plaintiffs were ready and willing to complete the sale transaction, the Defendants stated that the revenue records of the property have not been transferred in their favour and due to pendency of certain litigations, were postponing the execution of the Sale Deed. That after the transfer of the revenue records in the names of Defendants through MRH No.87/2011-12 dated 04. 06.2012, the Plaintiffs approached them to receive the balance sale consideration and execute the registered sale deed but they have not come forward. However, on 1/2/2013 when the Plaintiffs went to the suit property, they noticed Defendant Nos. 2 to 4 were negotiating with a 3rd party to sell the suit property.