MEHRUNNISA Vs. PREMAVATHI PAVANI

JUDGEMENT

(1.) The seventh defendant in the suit, O.S.199/1993, on the file of the then I Additional Civil Judge (Senior Division), Bengaluru Rural District, Bengaluru, has preferred this appeal.

(2.) The plaintiff brought a suit for specific performance of an agreement of sale dated 9.11.1982. According to the plaintiff, the lands in Survey Nos.40, 42 and 43 of Gollahalli Village, Jigani Hobli, Anekal Taluk, belonged to defendants 1 to 5 and one Ramaiah, the husband of sixth defendant. These lands are described in plaint 'A' schedule. The defendants 1 to 6, by agreeing to sell 'A' schedule property to the plaintiff for total sale consideration of Rs.2,40,000.00 executed an agreement of sale in favour of plaintiff on 9.11.1982 and put her in possession of the property. The plaintiff has stated she made payment of consideration amount to the defendants 1 to 6 on various dates; they made endorsements on the agreement itself for having received the money; and the total amount thus paid was Rs.2,05,000.00. She also claims to have paid balance of Rs.35,000.00; but did not obtain any endorsement for this payment.

(3.) It is further case of plaintiff that she was not an agriculturist. She was required to obtain permission from the Government for purchase of agricultural land as contemplated under sections 79A and 79B of Karnataka Land Reforms Act, and she obtained the same on 15.4.1987. After obtaining permission, she approached defendants 1 to 6 and requested them to execute the sale deed. They were not ready to execute the sale deed; they went on postponing the execution; and in order to avoid the same, they got filed a suit O.S.210/1990, for partition through the minor son of defendant No.4, without making her a party to the said suit though she was in possession of 'A' schedule property. But, the third defendant, namely C.Jayaraj, came forward to execute a sale deed in favour of plaintiff in respect of 2 acres 30 guntas of land in S.No.40, i.e., a portion of 'A' schedule property, and then executed a sale deed also on 5.7.1990 in favour of plaintiff. The said sale deed was registered on 5.9.1990. The land which was sold to her by third defendant is described in 'B' schedule. The lands that are described in 'C' schedule to the plaint are those in respect of which specific performance is sought.