MANJUNATH Vs. HANUMAKKA

JUDGEMENT

(1.) Challenging judgment and decree dtd. 2/6/2009 passed by Prl. District Judge, Bengaluru Rural District, Bengaluru, in R.A.no.165/2007, this appeal is filed.

(2.) Brief facts as stated are that, appellants were defendants no.2 and 3 in suit filed by respondent no.1-plaintiff for specific performance of agreement of sale dtd. 29/5/2002, to declare sale deeds executed by defendant no.1 in favour of defendants no.2 and 3 as not binding on plaintiff and for consequential relief of permanent injunction etc.

(3.) In plaint, it was stated defendant no.1, owner of land bearing Sy.no.99/2, measuring 01 Acre 12 guntas of Huskur village, Doddabelavangala Hobli, Doddaballapur Taluk ('suit property' for short). It was stated defendant no.1 had executed an agreement of sale on 29/5/2002, agreeing to sell suit property to plaintiff by receiving entire agreed sale consideration of Rs.90,000.00 and delivering possession. It was further stated, defendant no.1 had agreed to execute sale deed immediately after securing revenue records from concerned authorities. As such, plaintiff was in possession and cultivating suit property. When defendant no.1 did not come forward to execute sale deed inspite of repeated requests, plaintiff got issued legal notice on 27/9/2002 stating that she was ready and willing to perform her part of contract and calling upon defendant no.1 to execute sale deed. But, defendant no.1 failed to comply. In meanwhile, defendant no.1 had executed registered sale deed in favour of defendants no.2 and 3 in respect of portions of suit property under two separate sale deeds. Hence, arraying them as defendants, suit was filed.