ARJUN M. MENDA Vs. NARASAMMA AND ORS.

JUDGEMENT

(1.) This is a plaintiff's appeal. The plaintiff is said to be a businessman and the partner in a firm, M/s K.Raheja Development Corporation - dealing in real estate. The first and second defendants were said to be in occupation of land measuring 1,28,000 square feet at No.9 (Old no.5), Cunningham Road, Bangalore. (Hereinafter referred to as the 'property', for brevity)

(2.) It was claimed by the plaintiff that there were negotiations between the plaintiff and the first and second defendants and defendant no.5 acting as their power of attorney holder, for the lease of the said property. This was said to be on the basis of the claim of defendant nos.1 & 2 claiming to have perfected their title to the property. It was said to have been revealed that defendants no.3 & 4 were, on the other hand, claiming that the property was the Trust property, and that there was litigation pending in this regard.

(3.) By a letter dated 4.11.1980, defendant nos.1 & 2 are said to have informed the plaintiff that they agree to lease the said property, in their capacity as absolute owners of the same. An advance payment of Rs.1.01 lakh was acknowledged. The plaintiff was required to pay a further sum of Rs.2 lakh, on the Trustees aforesaid, giving their consent for the transaction. The plaintiff was to pay a rent of Rs.16,700, per month for an area measuring 1.28 lakh sq. ft. of the said property. The lease was to be for a period of 98 years, with an option to renew the lease on the same terms and conditions, for a like term. Vacant possession was to be handed over to the plaintiff after verification of marketable title and free from all encumbrances.