JUDGEMENT

This Appeal by the Defendants calls in question a Judgement & Decree dated 22.10.2016 whereby respondents’ specific performance suit in O.S.No.2688/2010 having been decreed, the appellants are directed to obtain an absolute sale deed comprising of subject property from the Bangalore Development Authority, and thereafter to execute & register a sale deed in their favour within thirty days and further deliver possession, failing which they can get the same done through the process of court. There is also a direction restraining the appellants “from alienating, mortgaging or in any way dealing with the suit property ….”. After service of notice, the respondent-defendants having entered appearance through their counsel resist the appeal.

II. FOUNDATIONAL FACTS:

(1) The subject house site admeasuring 40X60 sq.ft.

was originally allotted to one Mr.K.H.Venkatareddy way back in 1965 by CITB, a statutory body which is the predecessor the BDA, constituted under the provisions of the Bangalore Development Authority Act, 1976. The allottee having died, a formal allotment came to be made in favour of his widow Smt.Chowdamma who happens to be the first Appellant herein vide Allotment Lett