BEGUR MUNIYAMMA AND OTHERS Vs. R. AMBIKAPATHY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 19.01.2004 in O.S. No. 296/1994 passed by the I Additional Civil Judge, Senior Division, Bangalore Rural District Bangalore decreeing the suit of plaintiff for specific performance.

(2.) THE appellants are defendant Nos. 1(a), 2 and 3. Respondent No. 1 is the plaintiff before the trial Court. In this judgment, for convenience, parties are referred to their status before the trial Court.

(3.) DEFENDANT No. 1 entered appearance and filed separate statement inter alia contending that her sons defendant Nos. 2 and 3 falsely representing that they have to raise a loan on the security of schedule lands obtained her LTM on certain papers. The defendant Nos. 2 and 3 in collusion with plaintiff and defendant Nos. 4 and 5 created the alleged agreement of sale and power of attorney. She contends that she never executed an agreement of sale in favour of the plaintiff nor in favour of defendant Nos. 4 and 5. Defendant No. 1 died during the pendency of the suit leaving behind two sons and one daughter as her legal representatives. Defendant Nos. 1 and 2 are the sons and they are all ready on record. Akkaiyamma the daughter of first defendant predeceased leaving behind her daughter Smt. Subbalakshmi. Thus the grand -daughter Smt. Subbalakshmi was brought on record as defendant No. 1 (a).