- (1.) This appeal has been preferred against the judgment and order dated 3.2.2004 passed by the High Court of Karnataka at Bangalore in Regular First Appeal No. 265 of 1999.
(2.) FACTS: (A) The Appellant who had been inducted as a tenant at an initial stage filed suit No. 30/1981 on 1.1.1981 for specific performance of contract in the City Civil Court, Bangalore alleging that the power of attorney holder of the respondent entered into the agreement dated 25.6.1979 to sell the suit property i.e. 1/3rd share of the respondent in the property being No.43, Mission Road, Shanti Nagar, Bangalore-27 to him for a consideration of Rs.40,000/- by receiving an advance of Rs.5,000/-. (B) The said agreement was duly registered and according to the terms incorporated therein, the sale deed was to be executed on or before 30.12.1980. The respondent failed to take necessary steps to act according to the agreement. Thus, the appellant/plaintiff issued notice to the respondent on 5.3.1980 through his lawyer. (C) The appellant/plaintiff allegedly paid the balance amount on 15.5.1980. As the time limit for the execution of the sale deed had expired, and the sale deed was not executed, the appellant/plaintiff filed the suit for specific performance. (D) The respondent denied the execution of any power of attorney in favour of his brother with regard to alienation of the property. In fact the power of attorney had been given only for management of the property and not creating any right to transfer the same. (E) In view of the pleadings, the Trial Court framed issues and after conclusion of the trial decreed the suit vide judgment and decree dated 3.11.1998.
(3.) Being aggrieved, the respondent preferred Regular First Appeal No. 265 of 1999 before the High Court of Karnataka which has been allowed by the impugned judgment and decree dated 3.2.2004. Hence, this appeal.;