LAWS(KAR)-2008-10-61

M RATHNAM Vs. SUSHEELAMMA

Decided On October 01, 2008
M RATHNAM Appellant
V/S
SUSHEELAMMA Respondents

JUDGEMENT

(1.) THE appellant Nos. 1 to 7 herein, being the legal representatives of the deceased defendant Nos. 1 and 2 in O. S. No. 435/1986 on the file of the learned XI Addl. City Civil Judge, Bangalore, (hereinafter referred to as the Trial Court' for short) have challenged the legality and correctness of the judgment and decree dated 29-3-2001 passed in the said suit decreeing the suit of the respondent-plaintiff for specific performance of agreement of sale dated 8-10-1985 in respect of the suit property bearing No. 5/5 situate at 30th Cross, H. C. Byrasandra, Tank Bund road, Tilaknagar, Bangalore, having two shops and a residential house.

(2.) STATED in brief, the case of the plaintiff (hereinafter parties are referred to as per their rank in the original suit before the Trial Court)as averred in her plaint is as under :-

(3.) THE defendants Nos. 1 and 2 have contended in their written statement as under :