AKSHAYA RESTAURANT Vs. P. ANJANAPPA

JUDGEMENT

(1.) LEAVE granted.

(2.) WE have heard the counsel on both sides. Admittedly the respondents are owners of the land measuring 5 acres 39 guntas in Bhoopasandra village, Kasaba Hobli, Bangalore North Taluk. An agreement dated 25.1.1991 was entered into between the appellants and the respondents. On the basis thereof the appellants filed a suit for perpetual injunction restraining the respondents from interdicting with his possession and further activities thereon. The written statement was filed taking certain stands. In paragraph 6 of the written statement, the respondents have stated thus:

(3.) IN place of it add;It is incorrect to state that the defendants have entered into an agreement of sale with the plaintiff on 25.1.1991. It is true that this defendants have entered into an agreement with the plaintiff on 25.1.1991 for the development of the suit schedule land for the mutual benefit of the parties. 2 Delete the words, "of sale" in fifth line of para 8 of the written statement.