Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
REGULAR FIRST APPEAL NO. 906 OF 2018 (SP)
BETWEEN:
1. SRI VILANGAT XAVIER JOSE
SON OF SRI V M XAVIER
AGED 52 YEARS
NO.37/4008, 1ST FLOOR
AZAD BUILDING, AZAD ROAD
KALOOR , KOCHIN-682017
PRESENTLY RESIDING AT:
VILANGAT-VXJC
HOUSE NO.44/1656 B(1)
VYLOPPILLY KRISHNA MENON ROAD
(VKM ROAD), NEAR KALOOR JN
KALOOR, KOCHI-682017
…APPELLANT
(BY SRI V LAKSHMINARAYANA, SENIOR ADVOCATE A/W
SRI S. ISMAIL ZABIULLA, ADVOCATE FOR
SRI CHAND PASHA, ADVOCATE)
AND:
1. SRI SYED ANWAR
S/O LATE SYED BHASHA SAHEB
AGED ABOUT 75 YEARS
BELLAHALLI VILLAGE
YELAHANKA HOBLI
BENGALURU NORTH TALUK
PIN CODE-560064
2. SRI SYED AKRAM
SON OF LATE SYED BHASHA SAHEB
AGED ABOUT 73 YEARS
BELLAHALLI VILLAGE
YELAHANKA HOBLI
BENGALURU NORTH TALUK
PIN CODE-560064
3. SRI SYED ANSARS
SON OF LATE SYED BHASHA SAHEB
SINCE DEAD REPRESENTED BY LRS
3(a) SMT. BALQUIS BEGUM
MAJOR
W/O LATE SYED ANSAR
NO.87, 1ST FLOOR
SHIVAJI ROAD
BENGALURU-560051
3(b) SMT. SHOGHU FULTIA BAHAR
D/O LATE SYED ANSAR
AGED ABOUT 36 YEARS
NO.87, 1ST FLOOR
SHIVAJI ROAD
BENGALURU-560051
4. SRI SYED ASHRAF
SINCE DEAD REPRESENTED BY LRS
4(a) FAZAL BEGUM
AGED ABOUT 58 YEARS
W/O LATE SYED ASHRAF
NO.412, PILLANNA GARDEN
3RD STAGE, 2ND MAIN, 7TH CROSS
BENGALURU-560045
4(b) MISS. AYESHA
D/O LATE SYED ASHRAF
AGED ABOUT 27 YEARS
NO.412, PILLANNA GARDEN
3RD STAGE, 2ND MAIN, 7TH CROSS
BENGALURU-560045
4(c) MISS. NUSARATH BANU
D/O LATE SYED ASHRAF
AGED ABOUT 25 YEARS
NO.412, PILLANNA GARDEN
3RD STAGE, 2ND MAIN, 7TH CROSS
BENGALURU-560045
4(d) MISS. SUMAIYA
D/O LATE SYED ASHRAF
AGED ABOUT 23 YEARS
NO.412, PILLANNA GARDEN
3RD STAGE, 2ND MAIN, 7TH CROSS
BENGALURU-560045
5. SRI SYED ASHTAR
SON OF LATE SYED BASHA SAHEB
AGED ABOUT 58 YEARS
BELLAHALLI VILLAGE
YELAHANKA HOBLI
BENGALURU NORTH TALUK
6. SRI SYED QHAMAR
SON OF LATE SYED BHASHA SAHEB
AGED ABOUT 53 YEARS
BELLAHALLI VILLAGE
YELAHANKA HOBLI
BENGALURU NORTH TALUK
7. SRI MUHAMMED MUNEER SAIT
SON OF LATE A. ISMAIL SAIT
AGED ABOUT 48 YEARS
R/AT NO.777/B, 100 FT. ROAD
INDIRANAGAR
BENGALURU-560008
ALSO AT: "TREE LAND", NO.675
1ST STAGE, 3RD BLOCK, 6TH MAIN
8TH CROSS, HBR LAYOUT
BRINDAVAN NAGAR
BENGALURU-560084
PERMANENT RESIDENT OF NO.49/1876
'SULEKHA MANOR', ELAMAKKARA ROAD
EDAPALLY, COCHIN-682024
8. SRI M VIJAY KUMAR
SON OF LATE SRI NARAYANAPPA
AGED ABOUT 52 YEARS
R/O NAGAVARA VILLAGE
ARABIC COLLEGE ROAD
BENGALURU-560045
9. SRI KHALEELULLA
SON OF ABDUL MUNAZ
AGED ABOUT 60 YEARS
R/AT NO.630, 1ST CROSS
R.K. HEGDE NAGAR
ARABIC COLLEGE ROAD
BENGALURU-560045
10. SRI A. ISMAIL SAIT
SINCE DECEASED REPRESENTED BY
10(a) SMT. HAMEED ISMAIL
W/O LATE A. ISMAIL SAIT
AGED ABOUT 66 YEARS
R/AT NO.49/1876
'SULEKHA MANOR'
ELAMAKKARA ROAD
EDAPALLY, COCHIN-682024
10(b) SRI MOHAMMED ELIAS ISMAIL
S/O LATE A. ISMAIL SAIT
AGED ABOUT 50 YEARS
R/AT NO.49/1876
'SULEKHA MANOR'
ELAMAKKARA ROAD
EDAPALLY, COCHIN-682024
10(c) SRI ALTHAF ISMAIL
S/O LATE A. ISMAIL SAIT
AGED ABOUT 49 YEARS
R/AT NO.49/1876, 'SULEKHA MANOR'
ELAMAKKARA ROAD, EDAPALLY
COCHIN-682024
10(d) SRI MUHAMMED MUNEER
S/O LATE A. ISMAIL SAIT
AGED ABOUT 48 YEARS
R/AT NO.49/1876
'SULEKHA MANOR'
ELAMAKKARA ROAD
EDAPALLY
COCHIN-682024
10(e) SRI IMTHIAZ ISMAIL
S/O LATE A. ISMAIL SAIT
AGED ABOUT 46 YEARS
R/AT NO.49/1876
'SULEKHA MANOR'
ELAMAKKARA ROAD
EDAPALLY
COCHIN-682024
10(f) SMT. NAUSHEEN RAFEEK
D/O LATE A. ISMAIL SAIT
AGED ABOUT 43 YEARS
R/AT NO.49/1876
'SULEKHA MANOR'
ELAMAKKARA ROAD
EDAPALLY
COCHIN-682024
…RESPONDENTS
(BY SRI R. SUBRAMANYA, ADVOCATE FOR R-10(a-f);
R-3(b), R-4(a), R-4(b), R-4(d) & R-9 ARE SERVED AND
UNREPRESENTED;
SRI ASHOK HARANAHALLI, SENIOR ADVOCATE FOR
SRI G.V. SUDHAKAR, ADVOCATE FOR THE IMPLEADING
APPLICANT IN I.A.NO.2/2025;
SRI ASHOK HARANAHALLI, SENIOR ADVOCATE FOR
SRI VINAYAK B, ADVOCATE FOR R-7)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 16.02.2018 PASSED IN O.S.NO.2291/2006 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE AND ETC.
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 30.04.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, HON'BLE MR. JUSTICE D K SINGH PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
I PREFACE:
1. The present Regular First Appeal has been filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 against the judgment and decree dated 16.02.2018 passed in O.S.No.2291/2006 by the 1st Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru.
2. The appellant/plaintiff has filed the aforesaid suit against the defendants for the relief of specific performance of the terms of the agreement of sale dated 12.01.2005 with a direction to the defendant Nos.1 to 10 to execute the registered sale deed in respect of the suit 'B' schedule property and also to deliver possession of the said property in his favour and in the alternative, for award of damages to the tune of Rs.60,77,750/- and for refund of advance sale consideration of Rs.25,00,000/- with interest @24% p.a. from the date of the suit till complete realisation.
3. The Trial Court has allowed the suit in part and held that the plaintiff would be entitled to recover from the defendant Nos.1 to 6, the advance sale consideration of Rs.25,00,000/- with interest at the simple rate of 12% p.a. from the date of the agreement of sale i.e. 12.01.2005 till realization and the defendant Nos.1 to 6 have been held to be jointly and severally liable to pay the aforesaid amount to the plaintiff. The Trial Court, however, has rejected the claim of the plaintiff for specific performance of the terms of the sale agreement dated 12.01.2005 and for the alternative relief of liquidated damages.
4. The parties are referred to as per their ranking before the Trial Court, for the sake of convenience.
II. FACTS:
5. The plaintiff claims to be a Chartered Accountant and also has some land holdings. The aggregate income of the plaintiff's family was below Rs.2,00,000/- per year on an average for the preceding 5 years from the year 2005. The plaintiff and the defendant No.7, with an intention to purchase agricultural lands near Yelahanka, Bengaluru, have approached the defendant Nos.1 to 6, who represented that they were the absolute owners of the suit 'A' schedule property bearing Survey No.52 measuring 8 acres 2 guntas situated at Bellahally Village of Bengaluru North Taluk. The negotiations to purchase the said land by the plaintiff and the defendant No.7 from the defendant Nos.1 to 6 took place in the presence of the defendant Nos.8 and 9. After negotiation, the agreement of sale dated 12.01.2005 was executed by the defendant Nos.1 to 6 in favour of the plaintiff and the defendant No.7 agreeing to sell the suit 'A' schedule property jointly in favour of the plaintiff and the defendant No.7 for a lawful consideration of Rs.15,10,000/- per acre amounting to Rs.1,26,84,000/-. The defendant Nos.1 to 6 had also acknowledged receipt of Rs.50,00,000/- towards part payment of the sale consideration.
6. Under the sale agreement, the period for performance of the contract was fixed at 5 months. The defendant Nos.1 to 6 had agreed to make good the marketable title over the suit 'A' schedule property by that time. It was agreed between the parties that if the defendant Nos.1 to 6 fail to execute the sale deed in favour of the plaintiff and the defendant No.7, then the prospective purchasers would be entitled to sue for specific performance of the terms of the sale agreement or at their option, they could rescind the sale agreement and after such recession, the defendant Nos.1 to 6 should return the advance sale consideration received with thrice the said amount as liquidated damages with interest @12% p.a.
7. It was further agreed between the parties that if the plaintiff and the defendant No.7 fail to pay the balance amount and get the sale deed registered in their favour in spite of compliance of the terms of the sale agreement by the vendors within the stipulated period, then the area proportionate to the amount paid by the prospective pur
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
