JUDGMENT

The present First Appeal is filed under Section 96 of Code of Civil Procedure, 19081 by defendant Nos.1 to 62 challenging the judgment and decree dated 21.5.2012 passed in O.S. No.4625/2003 by the V Addl. City Civil

1 Hereinafter referred to as ‘CPC’

2 Hereinafter referred to as the ‘owners’

Judge, Bangalore City3, whereunder the suit for specific performance filed by the plaintiffs has been decreed. 2. For the sake of convenience, the parties herein are referred to as per their rank before the Trial Court.

3. It is the case of the plaintiffs that defendant Nos.1 to 6 were the absolute owners of suit property bearing No.26, Alfred Street, Richmond Town, Civil Station, Bangalore measuring East to West: 100 feet, North to South 60 feet4, the same having been acquired by their father late Sri M.S.Ahmedi. That M.S.Ahmedi along with defendant Nos.1 to 6 had entered into an Agreement with the 7th defendant5 on 30.05.1988 to develop the suit property whereunder the 7th defendant was required to put up construction in the suit property as per the terms agreed to between the parties under the said Agreement. That on the same day i.e., on 30.5.1988, late M.S.Ahmedi executed a General Power of Attorney

3 Hereinafter referred to as the ‘Trial Court’

4 Hereinafter referred to as the ‘suit property’

5 Hereinafter referred to as ‘Builder/7th defendant’

empowering the 7th defendant to take possession of the suit property, to demolish the same and put up construction in terms of the Agreement dated 30.05.1988. That as per the contract agreed to between the parties, the builder was entitled to the 2nd and 3rd floor of the building constructed in the suit property and the owners who are entitled to the ground and first floor.

3.1 It is the further case of the plaintiffs that the

7th defendant having acquired a right to put up construction in the suit property, approached the plaintiffs to sell the apartments on the 2nd and 3rd floors and accordingly, the 1st plaintiff entered into an Agreement of Sale dated 10.11.1988 with late M.S.Ahmedi and defendants No.1 to 6 who were represented by their Power of Attorney holder the 7th defendant. He also contemporaneously entered into an Agreement for construction with the 7th defendant. Vide the said agreements, the 1st plaintiff agreed to purchase apartment bearing No.9 of the second floor in the south western corner side together with corresponding undivided area in the land for a total sale consideration of ₹3,15,000/- and that the first plaintiff paid a total sum of ₹2,67,600/- on various dates.

3.2 That similarly, 2nd plaintiff entered into an Agreement of Sale dated 03.01.1989 with late M.S.Ahmedi and defendants No.1 to 6 who were represented by their PA holder the 7th defendant. The 2nd plaintiff also contemporaneously entered into a construction agreement with 7th defendant. Vide the said agreements the 2nd plaintiff agreed to purchase apartment bearing No.10 in the second floor in the north western corner of the building together with corresponding undivided area in the land for a total sale consideration of ₹3,00,000/- and the 2nd plaintiff paid a total sum of Rs.2,75,985/- on various dates.

3.3 It is the further case of the plaintiffs that differences arose between the land owners and the builder as a result of which a suit in O.S. No.10063/1991 was filed by the builder to restrain the owners from interfering with the construction work to be carried out in the schedule property. However, the said dispute was compromised between the parties and the suit was dismissed as settled out of the Court. That subsequent to the disposal of the suit, the owners and builder appear to have colluded with each other to defraud the purchasers viz., the plaintiffs herein. That the builder virtually abandoned the project and therefore, the plaintiffs were constrained to file a suit in O.S. No.2562/1992 against the defendants for permanent injunction. That an order of temporary injunction was granted against the own