S ANANDA SHETTY Vs. MEHABOOB SHERIEFF

JUDGEMENT

(1.) This appeal is filed by the 2nd defendant who is the subsequent agreement holder, challenging the judgment and decree passed in O.S. No.2666/2000 dated 17.01.2011 on the file of XXVII Additional City Civil Judge (CCH-9), Bengaluru granting the decree for specific performance in favour of the plaintiff.

(2.) The parties are referred in the original ranking for the convenience of the Court in order to avoid the confusion.

(3.) The brief facts of the case are that; defendant No.1 was allottee of the suit schedule property under Lease-cum-Sale Agreement executed by defendant No.3 dated 21.07.1989 under the registered document. Accordingly, defendant No.1 was put in possession of the suit schedule property on 21.07.1989 by issuing Possession Certificate. It is the case of the plaintiff that defendant No.1 negotiated with the plaintiff to sell the same and it was agreed to sell for sale consideration of Rs.1,60,000.00. The first defendant has received Rs.75,000.00 in cash as advance sale consideration. 'Defendant No.1 had executed an agreement of sale on 15.07.1993 in favour of the plaintiff and he undertook to produce all the original documents and to register the sale deed in favour of the plaintiff. He also pleaded that he is in urgent need of money. The plaintiff also has executed Mortgage Deed dated 03.09.1993 through a registered document and delivered the possession and so also executed a General Power of Attorney in favour of the plaintiff on 03.05.1994. The plaintiff also moved office of the 3rd defendant and conditional sale deed was executed by 3rd defendant in favour of 1st defendant with the efforts of the plaintiff and plaintiff only has incurred all expenses. It is also contended that one K.Shanthamma filed a suit against defendant No.1 in the capacity of GPA holder of defendant No.1 and plaintiff contested the said suit in O.S.No.11029/1993. The said suit was concluded by virtue of Agreement of Settlement dated 08.12.1993. It is also the case of the plaintiff that defendant No.1 received Rs.20,000.00 from the plaintiff on 22.04.1994 and executed another agreement of settlement on the same date. In the agreement of settlement, defendant No.1 confirmed that he has received the entire sale consideration and agreed to execute the sale deed.