JOYCE ALBUQUERQUE Vs. CYPRIAN MENEZES

JUDGEMENT

(1.) All the three appeals arise out of the four suits decided by a common judgment passed by the Civil Judge (Sr.Dn.), Mangalore between the same parties and the same subject-matter.

(2.) The material facts disclose that Lucy Margaret Pereira (LM. Pereira) plaintiff in 297/96 is the owner of the suit property. One Mrs. Joyce Albuquerque-plaintiff in OS 298/96) is the fostered daughter of L.M. Periera and claims to have obtained a registered permanent lease deed dated 4.7.1992 from L.M. Periera in respect of suit property. One Mr. Cyprian Menezes and B.Sudhakar Shenoy-plaintiffs in OS 115/95 contend that L.M. Perira had executed agreement for sale dated 3.10.1991 in respect of suit property for a consideration of Rs. 12,00,000/ - and that they have paid an advance of Rs. 6,65,000/-, hence filed a suit for specific performance.

(3.) Mrs. Joyce Albuquerque got herself impleaded as 2nd defendant in OS 115/95 and resisted the suit for specific performance on the ground that she holds a registered permanent lease from L.M. Periera besides, she had filed OS 121/97 and O.S 670/94 for permanent injunction not to disturb their possession and enjoyment of the suit property.