S KUGASHANKAR Vs. SUBHASH CHAND GOEL

JUDGEMENT

(1.) THIS regular first appeals have gained access to this Court under the provisions of Section 96 of the CPC assailing the judgment and decree passed by the learned XII Addl. City Civil judge, Bangalore, in O.S.No.2799/1987 by which verdict, the learned Judge has decreed the suit of the first respondent herein by judgment dated 5-3-1998, partly.

(2.) FOR the sake of brevity, the parties shall be referred to according to their ranking in the trial Court, in that the Appellant and respondents 2 and 3 are the defendants and first respondent was the plaintiff.

(3.) IN Para 11 of the plaint, the plaintiff averred that on or about 11-8-1986 he wrote a polite letter to the 1st defendant to finalise the sale transaction in respect of the properties in respect of the properties in question and asked the 1st defendant to given vacant possession of some of at least portions in his occupation. IN para 12, the plaintiff"s contention was, that on 17-11-1986, defendant wrote a letter stating that he would give vacant possession of all the properties of Blocks 1 and 2 referred to in the agreements.