THEROJAMMA Vs. D H SADASHIVAIAH

JUDGEMENT

(1.) This second appeal arises out of a suit filed by the respondent-plaintiff for a declaration of title and for possession on the basis of the sale deed dated 6-5-1974 executed by the first defendant in favour of the plaintiff on a consideration of Rs. 10,000/-. The defendants-1 and 2 are the appellants. The second defendant is the son of the first defendant. The sale deed was executed by the first defendant and her husband together. However it is not in dispute that the first defendant was the owner of the suit property which is a house situated at Thambuchctti Palya, Bangalore South Taluk.

(2.) The defendants did not dispute the execution of the sale deed and the consideration agreed upon by the plaintiff and the first defendant and her husband. However they pleaded that the plaintiff did not pay the consideration amount into the hands of the first defendant and no possession was delivered pursuant to the sale deed, therefore the sale deed did not have the effect of transferring title to the plaintiff.

(3.) It is not in dispute that defendant No.1 along with her husband agreed to sell the suit property to the plaintiff on a consideration of Rs. 10,000/- and accordingly along with her husband she executed the sale deed on 6-5-1974 which was also registered on that day. The sale deed recites that the possession has been delivered. However it is not in dispute that there was no actual delivery of possession. The finding recorded by the Courts below is that consideration was paid into the hands of the husband of the first defendant who was one of the executants of the sale deed.