THULASI Vs. D.H. SIDDANAGOUD AND ORS.

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and the learned counsel for the respondents. Appellant was the plaintiff before the trial court in a suit for specific performance and the parties are referred to by their rank before the trial court for the sake of convenience.

(2.) THE suit was filed not only for specific performance of a sale agreement dated 03.05.2006, but also for a declaration to declare that the sale deed dated 28.06.2007 executed by the first defendant in favour of second and third defendants as being null and void and for an alternative relief of recovery of a sum of Rs. 3,30,500/ - with interest thereon and for injunctory relief restraining the defendants from interfering with the possession of the suit property since the plaintiff claims to be in possession under an agreement dated 03.05.2006.

(3.) ON service of summons defendant No. 1 is said to have entered appearance and had filed a written statement and declared that the agreement as claimed by the plaintiff was never executed and that the plaintiff had no right to claim the/suit property and denied the plaint averments and also declared that the property was sold in favour of defendants No. 2 and 3. It is on learning of this act of defendant No. 1, having committed breach of agreement and in violation of the same having allegedly sold the property to defendant Nos. 2 and 3, that the plaintiff withdrew the suit for injunction and immediately filed the present suit.