CHANNAPPA Vs. T N EARAPPA

JUDGEMENT

(1.) The plaintiff filed the present writ petition against the order dated 12.12.2017 on I.A. No.7 made in O.S. No.1136/2011 allowing the application filed by the defendant No.5 under Section 33 and 34 of Karnataka Stamp Act 1958 read with Section 151 of Code of Civil Procedure.

(2.) The present petitioner is the plaintiff before the Trial court filed suit for specific performance to enforce the agreement dated 25.08.1996 directing the defendants to execute the sale deed in favour of the plaintiff in respect of suit property after complying with all the contractual and statutory obligations and direct the defendants to handover the original document in respect of suit property after execution of sale deed pertaining to suit property and alternatively the plaintiff sought to declare that the plaintiff is the absolute owner and he is in peaceful possession of the suit property by virtue of performance of the sale agreement dated 25.08.1996 is in continuous since more than 12 years to the knowledge of the defendants more particularly defendant No.5 and all other person represented by them, in respect of the suit property morefully described Schedule to the plaint.

(3.) It is the case of the petitioner that on 27.07.1991 the petitioner and respondent No.5 jointly purchased the property bearing Survey No. 73/3 measuring to an extent of 1 Acres and 26 guntas including 2 guntas of Kharab land situated in Thippenahalli village, Doddabidarakallu Dhakale, Yeshwanthapur Hobli, Bangalore. The respondent No.5 executed registered general power of attorney and agreement of sale in favour of respondent No.1 and husband of the respondent No.2 and father of respondent Nos.3 and 4 in respect of Schedule property in the year 1996. It is further case of the petitioner that the respondent No.1 and husband of the respondent No.2 and father of respondent Nos.3 and 4 have executed agreements of sale in favour of the petitioner on 25.08.1996 agreeing to sale the suit property for total consideration of Rs. 5,75,000/- and received advance of Rs.1,00,000/- lakh on the same day and the defendant No.1 and late Sri. B. Aswathanarayana have received further sale consideration of amount on different dates in total Rs. 5,60,000/-. Even after receipt of 99% of sale consideration and inspite of the repeated demand made, the defendants have not executed the sale deed. Therefore, he filed for the said suit for relief sought for.