PILLAMMA Vs. P RANGARAJU

JUDGEMENT

(1.) The defendants are the Revision Petitioners and the Revision is against the order, by which, lower Court allowed the application for amendment of the plaint under Order 6, Rule 17 of the Code of Civil Procedure.

(2.) The respondent herein as the plaintiff, has filed a suit for specific performance of agreement of sale dated 30-9-1988 against the defendants in respect of the property - i.e., 34 guntas in Sy. No.15/1 of Cholanaykanahalli Village, Kasaba Hobli, Bangalore North Taluka. In the plaint, the plaintiff has prayed for specific performance of the agreement of sale in question. In the plaint, it is alleged that there was an earlier agreement between the plaintiff and late Ramakka, whose legal representatives are the defendants on 10-3-1982 and that the plaintiff was put in possession of the suit schedule property by her. That agreement could not be enforced as Ramakka died and after her death, the defendants entered into an agreement to sell the property to the plaintiff on 30-9-1988 by receiving further advance of Rs.50,000/-. The possession of the Suit schedule property continued with the plaintiff which he obtained in pursuance to the agreement dated 10-3-1982 executed by Ramakka.

(3.) The defendants filed a detailed Written statement. While they admitted the execution of the agreement in Question, they disputed the correctness of the statement of the plaintiff with regard to delivery of possession of the property in question in his favour and the other allegations levelled against the petitioners were denied.