This suit is instituted by plaintiffs against the
defendants for specific performance of sale agreement
dated 21.07.2003 in respect of suit schedule property
and to direct defendants to register the suit schedule
property by accepting the balance sale consideration or
give any direction thereof to facilitate the plaintiffs to get
register suit schedule property in their favour.
Consequently, grant permanent injunction, restraining
defendants, their men, agents or anybody claiming
under them from alienating suit property in favour of
third persons and grant such other reliefs.
2. The case of the plaintiff in brief is as under:
That, plaintiff No.2 is wife of plaintiff No.1. The
plaintiffs have entered into sale agreement dated
21.07.2013 with defendant No.1 to purchase suit
property for sale consideration of Rs.80 lakhs. The
defendant No.2 derived title over Sy.No.79/1 of
Panathur Village, to an extent of 38 guntas by virtue of
registered gift deed dated 18.11.2005. The defendant
No.2 converted land in Sy.No.79/1 from agricultural to
residential purpose as per conversion order dated
06.09.2012. The defendant No.1 derived title over suit
property by virtue of registered gift deed dated
21.01.2013 executed by her husband defendant No.2 in
her favour. The plaintiffs have paid sum of Rs.10 lakhs
through cheque dated 26.12.2012 as same was
encashed by defendant No.2 and another sum of Rs.2
lakhs was paid through cheque dated 21.07.2013. The
defendants have received advance sale consideration of
Rs.12 lakhs from plaintiffs on date of agreement.
