Mr. M. Mohammed Amjad vs Ms. Shany Jalal

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This judgment disposed of connected matters. The same reasons were delivered in the following case.

Smt. S. Prasanna vs Miss Shany Jalal

Headnote AI-drafted · Reviewed and approved

These two Regular First Appeals arose out of a common judgment and decree dated 30.06.2015 passed by the XI Additional City Civil Judge, Bengaluru City in O.S. No. 594/2005, which decreed a suit for specific performance in favour of the plaintiff Miss Shany Jalal against both defendants. RFA No. 1057/2015 was filed by Defendant No. 1 (M. Mohammed Amjad) and RFA No. 1059/2015 was filed by Defendant No. 2 (Smt. S. Prasanna).

The plaintiff had entered into a Land Sale Agreement dated 22.11.2001 with Defendant No. 1 for purchase of the suit schedule property for a total consideration of Rs. 9 lakhs, out of which part payment had already been made. The plaintiff alleged that despite payment of substantial amounts and performance of obligations including construction of a compound wall, Defendant No. 1 failed to fulfil his obligations and instead collusively executed a sale deed dated 06.10.2004 in favour of Defendant No. 2, which the plaintiff sought to have declared as a sham transaction and cancelled, along with a direction for specific performance of the original agreement.

The appeals were filed under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure challenging the trial court's decree for specific performance, declaration, and cancellation of the subsequent sale deed in favour of Defendant No. 2.

Catchwords: specific performance · agreement to sell · land sale agreement · sham transaction · cancellation of sale deed · collusive transfer · part payment · balance consideration · compound wall · khatha · perpetual injunction · subsequent purchaser