Judgment

D.P. Wadhwa, J.-Leave granted.

2. This is plaintiff’s appeal against the judgment dated March 3, 1998 of the Karnataka High Court dismissing his appeal. Earlier plaintiff’s suit had been dismissed by the trial court against respondent, who was arraigned as 1st defendant. The suit had been partly decreed against the 2nd defendant.

3. Respondent - the 1st defendant-is the owner of the property in Malleswarm, Bangalore, which consisted of ground floor and two upper floors. 1st defendant entered into an agreement to sell dated December 26, 1991 respecting his said property with the 2nd defendant. Name of the 2nd defendant is R. Sridhar. 1st defendant further authorised in writing (Exh. P-1) R. Sridhar to enter into any sale agreement of this property with anyone. This writing is as under :

“Mr. R. Sridhar, s/o Sri Rama Raju, residing at No. 17/2, 7th Temple Road, Malleswarama, Bangalore, has got every right to enter into any Sale Agreement on my property bearing No. 25, 4th Temple Road, Malles­warama, Bangalore, consisting of Ground Floor, First Floor and Second Floor of my side measuring 30’ x 40 .”

4. On the strength of this writing 2nd defendant entered into agree­ment with the