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2009 Supreme(Kar) 237

B.SREENIVASE GOWDA, K.SREEDHAR RAO
Joyce Albuquerque – Appellant
Versus
Cyprian Menezes – Respondent


Advocates appeared:
For the Petitioners:V.K. Bhat, M/s. Kumar and Kumar, Advocates.
For the Respondent:Tarakaram, Senior Counsel for Sri K. Giridhar, M/s. Sheety and Hegde, I. Taranath Poojari Advocates.

Judgment :

K. Sreedhar Rao, J.

All the three appeals arise out of the four suits decided by a common judgment passed by the Civil Judge (Senior Division), Mangalore between the same parties and the same subject-matter.

2. The material facts disclose that Lucy Margaret Pareira (L.M. Pareira) plaintiff in O.S. No. 297 of 1996 is the owner of the suit property. One Mrs. Joyce Albuquerque-plaintiff in O.S. No.298 of 1996 is the fostered daughter of L.M. Periera and claims to have obtained a registered permanent lease deed dated 4-7-1992 from L.M. Periera in respect of suit property. One Mr. Cyprian Menezes and B. Sudhakar Shenoy-plaintiffs in O.S. No.115 of 1995 contend that L.M. Periera had executed agreement for sale dated 3-10-1991 in respect of suit property for a consideration of Rs. 12,00,000/-and that they have paid an advance of Rs. 6,65,000/-, hence filed a suit for specific performance.

3. Mrs. Joyce Albuquerque got herself impleaded as 2nd defendant in O.S. No. 115 of 1995 and resisted the suit for specific performance on the ground that she holds a registered permanent lease from L.M. Periera besides. she had filed O.S. No. 121 of 1997 and O.S. No. 670 of 1994 for permanent








































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