1.

Unsuccessful plaintiff is the appellant. Present

appeal is directed against the judgment and decree dated

24.06.2010 passed in O.S.No.5532/2002 by the V

Additional City Civil and Sessions Judge, Bengaluru.

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2.

Parties

are

referred

to

as

plaintiff

and

defendants for the sake of convenience as per their

original ranking before the Trial Court.

3.

Brief facts of the case are as under:

First defendant is the absolute owner of the property

bearing site No.47 (old No.67) and now assigned with

No.47/7, situated at 3^rd Cross, Nizamuddin Mohalla,

Mysore Road, Bangalore, comprising of a shop measuring

20 ft X 12 ft and a residential house with electricity and

water connection measuring 30X20 feet (hereinafter

referred to as 'suit property'). Father of the plaintiff Mr.

Shaikh Mahaboob was the tenant in respect of the said

shop premises, measuring 12X20ft and also the residential

house. Mother of first defendant Smt. Rameeza Khanum

promised to sell the shop to the father of the plaintiff and

at her request father of the plaintiff vacated the residential

house. Suit property was agreed to be sold for a sum of

Rs.2,65,000/- under agreement of sale dated 20.05.1988.

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On the date of agre