ABDUL RASHEED Vs. MARY

JUDGEMENT

(1.) The petitioner plaintiff filed the present writ petition for the following reliefs:

(2.) The plaintiff filed the suit for specific performance against the defendants and sought for a direction to the 2nd defendant to execute the registered sale deed in his favour in respect of the suit schedule property by admitting the receipt of full agreed sale consideration of Rs. 50,000/- from him and also for Permanent Injunction restraining the defendant Nos.2 to 6 from interfering with his peaceful possession and enjoyment of the suit schedule property. It is the case of the plaintiff that he is and has been in physical possession of immovable property bearing Site No.37 formed out of former Sy.No.108 of Kayamgutha Kadugondanahalli village, Kasaba hobli, Bengaluru north taluk, now situated within the BBMP limits and the same was acquired by him for valuable consideration from the 2nd defendant under an agreement of sale dated 29.11.2017 and the said 2nd defendant had got the said site from her vendor, the 1st defendant for valuable consideration. The sale consideration is Rs. 50,000/- and on the date of the agreement, the entire amount was paid. Inspite of the repeated requests made by the plaintiff, the 2nd defendant has not executed the sale deed in respect of the suit schedule property in his favour and therefore he has filed the suit for the reliefs sought for.

(3.) Learned counsel for the petitioner submits that the 2nd defendant has not filed the written statement. The said statement is placed on record.