RAJESHWARI Vs. M.S. RAJANI

JUDGEMENT

(1.) HEARD the learned Counsel for the appellants and the learned Counsel for the respondents.

(2.) IT was the case of the plaintiff that the first defendant had entered into an agreement to sell the property bearing No. 5 formed in land bearing Survey No. 14, situated in Ayyanna compound, Satya Nagar, Nagannapalyam, M.S. Nagar Post, Bangalore - 560 033. The property, as described in the suit schedule, measured east to west 35 feet and north to south 24 feet. It was agreed to purchase the abovementioned property for a sum of Rs. 75,000/ - and a sum of Rs. 25,000/ - was paid as advance on 3.3.1994. The plaintiff was said to be the tenant in respect of a portion of the property and continued to be in possession of the same pursuant to the execution of the agreement.

(3.) The learned Counsel for the appellants would contend that primarily, the agreement of sale - Ex.P.1 executed by respondent No. 2 in favour of the appellants is admittedly prior in point of time as that of respondent No. 1 and the agreement of sale Exhibit.D.1 was followed by a general power of attorney Exhibit D.3 and an affidavit Exhibit D.2, both dated 17.3.1994 and it is on the basis of those documents namely, Exhibits D.1 to D.3 that a registered sale deed at Exhibit D.4 was executed in respect of the suit schedule property and therefore, the so -called agreement at Exhibit P.1 was no longer valid and could not be acted upon.