Smt. S. Prasanna vs Miss Shany Jalal

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

Mr. M. Mohammed Amjad vs Ms. 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, wherein the suit instituted by the plaintiff (Respondent No. 1 in both appeals) for specific performance of a Land Sale Agreement dated 22.11.2001 was decreed in her favour against both defendants. RFA No. 1057/2015 was filed by Defendant No. 1 (Mr. M. Mohammed Amjad) and RFA No. 1059/2015 was filed by Defendant No. 2 (Smt. S. Prasanna), challenging the trial court's findings.

The plaintiff contended that Defendant No. 1, the owner of the suit schedule property, had entered into a Land Sale Agreement dated 22.11.2001 for a total sale consideration of Rs. 9 lakhs, out of which Rs. 1 lakh had already been paid to Defendant No. 1's father as advance. Further amounts were paid and acknowledged, and the plaintiff had also constructed a compound wall on the property. Despite demands and legal notice, Defendant No. 1 executed a purported sale deed dated 06.10.2004 in favour of Defendant No. 2, which the plaintiff sought to have declared a sham transaction and cancelled, along with seeking specific performance of the original agreement.

The High Court of Karnataka took up both appeals together for hearing and judgment, as they arose from the same impugned judgment and decree, with the parties aligned as appellants and cross-respondents in each appeal respectively.

Catchwords: specific performance · land sale agreement · sham transaction · cancellation of sale deed · part payment · agreement to sell · subsequent purchaser · prior agreement · compound wall construction · legal notice · balance sale consideration