9911796707
TMI Blog2011 (8) TMI 1204X X X X Extracts X X X X X X X X Extracts X X X X ..... n area measuring East to West 50 feet and North to South 15 feet with a house built thereon measuring 15x12 feet, appertaining to survey No. 70/19, situated at Kamakshipalya,Saneguruvanahalli, Yeshwanthapur Hobli, Bangalore North Taluk in the State of Karnataka. 3. According to the plaintiffs, the property originally belonged to one Ramakrishna. He had purchased the same under a registered sale deed dated 13th December, 1978. The aforesaid Ramakrishna sold the said property to Honnanna by a registered sale deed dated 5th June, 1980. According to the plaintiffs, Honnanna executed the power of attorney in respect of the suit property in favour of defendant nos.1 and 3 which came to an end on his death on 13th July, 1986. Defendant nos.1 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the date of execution of said general power of attorney i.e. 22.7.1985. That being so, the contention of defendants 1 and 3 that Honnanna delivered portion of the schedule property referred to in the agreement of sale dated 27.11.1982 on the alleged date of agreement of sale is found to be false..... 5. In the light of the aforesaid findings, the Trial Court decreed the suit and on appeal by the defendants, the High Court had dismissed the appeal and affirmed the judgment and decree of the Trial Court. 6. Mr. Girish Ananthamurthy, learned Counsel appearing on behalf of the appellants submits that Honnanna executed an agreement to sale in favour of defendant no.3 Jayamma and she was put in possession. According to him, after th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ads as follows: 53A. Part performance-Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that where there is an instrument of transfer, that the transfer has not been comple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e immoveable property covered by the contract necessary for invocation of Section 53A of the Act? Agreement to sale dated 27th November, 1982 recites that Honnanna had delivered the possession of property to defendant no.3 Jayamma. According to the defendants, there had been ban on registration of documents, hence Honnanna executed an irrevocable power of attorney on 14th July, 1985. The contents of the general power of attorney show that the property at that particular time was in possession of Honnanna, the transferor. This would be evident from the following recital in the power of attorney: The vacant site as mentioned in the schedule below which is in my possession acquired through the registered Sale Deed dated 05.05.1980 regist ..... X X X X Extracts X X X X X X X X Extracts X X X X
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