SUBBARAYADU Vs. RAMANNA

JUDGEMENT

(1.) this second appeal under Section 100, C.P.C. is directed against the judgment and decree dated 15-10-1981 passed by the learned civil judge in ra. No. 50 of 1980 confirming the judgment and decree dated 30-6-1980 in o.s. No. 95 of 1977 on the file of the munsiff, pavagada.

(2.) facts giving rise to this second appeal are that defendants 3 to 5 original owners of the property in dispute agreed to sell the same in favour of the plaintiff under an agreement dated 28-2-1977. On their refusal to perform the agreement, notice was got issued by the plaintiff to defendants 3 to 5 and also to defendant 2 on 11-6-1977. This was replied by the defendants 2 to 5 contending that defendant 2 had sold the same in favour of defendant 1 on 15-6-1977. Therefore the plaintiff filed the suit for enforcement of the agreement against defendants 1 to 5. The suit was for specific performance of the agreement and also for injunction against defendants 3 to 5 who put the plaintiff in possession of the property under the agreement of sale dated 28-2-1977 and after the payment of second instalment of the consideration.

(3.) the suit was resisted by all the defendants. Defendants 3 to 5 denied the agreement, consideration and delivery of possession pleaded by the plaintiff. In addition to these contentions, defendants 1 and 2 contended that they were bona fide purchasers for value without notice.