ANWAR JAHAN ANSARI Vs. S T BUILDERS

JUDGEMENT

(1.) This appeal is filed by the plaintiff appellant being aggrieved by the judgment and decree dated 20.10.2010 in O S No.10050/1989 on the file of IV Addl. City Civil & Sessions Judge, Mayo Hall, Bengaluru, dismissing the suit for specific performance, permanent injunction and mandatory injunction. The appellant was a tenant of a portion of the premises bearing house No.6, Alfred Street, Richmond Town, Bangalore, under the owner i.e. the second respondent on monthly rent of Rs.100/- per month ever since from 1st May 1971, which was subsequently raised to Rs.150/- per month.

(2.) The Appellant was earlier residing in No.4 (New No.52), Serpentine Street, Richmond Town, Bangalore 560025 and is now residing in the address mentioned in the cause title above under the care of her son in-law and POA Holder in this case, Sri. M.A.Habeeb.

(3.) The Appellant submits that Mr. Saud Ahmed representing himself as attorney of the second respondent and also representing the first respondent along with the owner Mr. Raza Ali Khan, the second respondent herein, approached the appellant and persuaded her to vacate the tenanted premises so that the existing premises could be demolished and flats could be constructed. Both the respondents assured that out of the flat proposed to be constructed as per the Corporation plan, Flat No.1, in the ground floor would be given to Appellant on a total sale consideration of Rs.3,75,000/- which was represented to her as a concessional rate i.e. Rs. 2,55,000/- towards construction of flat and Rs. 1,20,000/- towards sale of undivided interest in the land.