JUDGEMENT
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(1.)Leave granted.
(2.)This appeal by special leave is directed against the judgment and order dated 1.3.2012 passed by the High Court of Karnataka whereby Regular First Appeal No.265 of 1999 filed by the defendant-respondent was allowed and the judgment and decree passed by the trial court in the suit of the appellant-plaintiff was set aside.
(3.)The facts giving rise to the present appeal are that the respondent- first defendant is the absolute owner of 1/3rd undivided share in the property bearing no.43, Mission Road, Bangalore (hereinafter referred to as the 'suit schedule property') and his elder brother-second defendant is his power of attorney holder. It is the case of the plaintiff that on 25.6.1979, the second defendant-respondent as registered power of attorney holder entered into an agreement to sell 1/3rd share in the suit property to the appellant-plaintiff for consideration of Rs.40,000/- and received advance of Rs.5,000/-. As per the aforesaid registered agreement, the balance consideration was to be paid on or before 30.12.1980 and the parties to the agreement had to take necessary steps for obtaining permission from the competent authority under the Urban Land (Ceiling and Regulation) Act. Plaintiff's further case is that he paid the entire sale consideration to the second defendant who received the same on behalf of the first defendant. It is contended that the plaintiff had been always ready and willing to perform his part of the contract and that the plaintiff has been requesting the defendants to take necessary steps to obtain permission from the Urban Land Ceiling Authority. Since the defendants failed to take necessary steps, the plaintiff issued legal notice to the defendants on 5.3.1980 and 25.5.1980 calling upon the defendants to complete the sale in favour of the plaintiff and to perform their part of the contract. The defendants sent reply to notice on 4.10.1980 wherein they repudiated the agreement in question. As averred, the plaintiff has been in possession of the undivided share of the defendants in the schedule property in pursuance of the above agreement for sale. Since the defendants failed to execute the sale deed, the plaintiff filed a suit for specific performance praying for a direction to the defendants to execute the sale deed in respect of 1/3rd share in the suit property.
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