Disposed

Sri a N Subash Chandra v. S M Ramaiah

Karnataka HC7 Nov 2024RFA/1835/2018

Case brief

AI extract

What is this about?

Appeals against a decree for specific performance of a 2004 sale agreement over land in Anekal were settled: one appeal was withdrawn, and in the other the parties filed a compromise petition under which the plaintiffs' legal heirs received Rs.1,50,00,000 and disclaimed all rights in the suit property.

What did the court decide?

RFA 1835/2018 dismissed as withdrawn; RFA 1564/2018 disposed on compromise; decree dated 14.08.2018 modified per compromise petition; refund of appeal fee ordered.

Sri a N Subash Chandra Vs S M Ramaiah — Specific Performance | Karnataka HC (2024)

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NC: 2024:KHC:45024-DB RFA No. 1835 of 2018 C/W RFA No. 1564 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF NOVEMBER, 2024

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE RAJESH RAI K

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REGULAR FIRST APPEAL NO. 1835 OF 2018 (SP)

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C/W

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REGULAR FIRST APPEAL NO. 1564 OF 2018

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IN RFA No. 1835/2018

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BETWEEN:

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SRI. A.N SUBASH CHANDRA SINCE DECEASED DULY REPRESENTED BY HIS LEGAL HEIRS.

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Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA

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SMT.JYOTHI, W/O LATE A.N.SUBASH CHANDRA, AGED ABOUT 60 YEARS,

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MISS.SANKEERTHI S REDDY, D/O LATE A.N.SUBASH CHANDRA, AGED ABOUT 18 YEARS,

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BOTH ARE R/AT NO.105, BLOCK 20, SUNCITY APARTMENT, SARJAPURA RING ROAD, HSR LAY OUT, BENGALURU-560 021.

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…APPELLANT

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(BY SRI. J SATHISH KUMAR, ADVOCATE FOR LR’S OF DECEASED APPELLANT IN A1(A) & A1(B))

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AND:

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SRI. S.M RAMAIAH SINCE DEAD BY LRS.

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1(A) SMT. KRISHNAMMA, W/O LATE S.M RAMAIAH, AGED ABOUT 67 YEARS,

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1(B) SRI.R.AMARESH S/O LATE S.M.RAMAIAH AGED ABOUT 54 YEARS,

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1(C) SRI. S.R.NAGESH S/O LATE S.M.RAMAIAH AGED ABOUT 51 YEARS,

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1(D) SMT.S.R.MAMTHA D/O LATE S.M.RAMAIAH AGED ABOUT 45 YEARS,

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SMT.KRISHNAMMA W/O SRI. S.M.RAMAIAH, AGED ABOUT 67 YEARS,

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SRI.R.AMARESH S/O LATE S.M.RAMAIAH AGED ABOUT 54 YEARS,

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SRI.S.R NAGESH S/O LATE S.M.RAMAIAH AGED ABOUT 51 YEARS,

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SMT.S.R.MAMTHA D/O LATE S.M.RAMAIAH, AGED ABOUT 45 YEARS

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1 TO 5 ARE R/AT SARJAPURA, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT- 562 125.

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SRI: RAJESH SARDANA S/O SRI. MADHAN SARDANA, AGED ABOUT 64 YEARS, R/AT. NO.201, 19^TH CROSS, 9^TH MAIN, 7^TH SECTOR, H S R LAYOUT, BENGALURU-560 034.

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SRI.G.K.RAVI S/O LATE KRISHNAPPA, AGED ABOUT 58 YEARS, R/AT.GOTIGERE VILLAGE, BENNEGHATTA ROAD, BENGALURU-560 083.

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SRI.N.KRISHNAPPA S/O LATE K.R.NARAYANA REDDY AGED ABOUT 69 YEARS, R/AT.NO.9, 30^TH MAIN, B T M 2^ND PHASE, BENGALURU-560 076.

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SRI. S.M.CHANDRAIAH, SINCE DECEASED REPRESENTED BY HIS LEGAL HEIRS

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9(A) SRI. S.C ATHEETH AGED ABOUT 37 YEARS, S/O LATE S.M.CHANDRAIAH, AGED ABOUT 69 YEARS R/AT NO.420, 21^ST CROSS, 24^TH MAIN, H S R LAYOUT 2^ND SECTOR, BENGALURU – 560 076.

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…RESPONDENTS

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(BY SRI. PRAKASH T HEBBAR, ADVOCATE FOR R7-R9)

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THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI RULE 1 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 14.08.2018 PASSED IN OS.NO.956/2009 ON THE FILE OF THE

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NC: 2024:KHC:45024-DB RFA No. 1835 of 2018 C/W RFA No. 1564 of 2018

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SENIOR CIVIL JUDGE, ANEKAL, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.

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IN RFA NO. 1564/2018

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BETWEEN:

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SHRI G.K. RAVI S/O LATE KRISHNAPPA AGED ABOUT 55 YEARS R/AT GOTTIGERE VILLAGE BANNERGHATTA ROAD BENGALURU-560 083.

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SHRI. N. KRISHNAPPA S/O LATE K.R NARAYANA REDDY AGED ABOUT 66 YEARS R/AT NO.9, 30^TH MAIN BTM II PHASE BENGALURU-560 076.

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SHRI. S.M CHANDRAIAH S/O LATE S. MUNISWAMY SINCE DEAD BY LR

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3(A). SRI. S.C.ATHEETH, S/O LATE S.M.CHANDRAIAH, AGED ABOUT 35 YEARS, R/AT NO.594, IST ‘A’ MAIN ROAD, 6^TH SECTOR, HSR LAYOUT, BANGALORE – 560 102.

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...APPELLANTS

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(BY SRI. PRAKASH T HEBBAR, ADVOCATE FOR A1 & A2 AND ALSO LRS OF DECEASED A3 ie. A3(A))

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AND:

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SHRI. A.N SUBASH CHANDRA S/O A.V NARASIMHA REDDY

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SINCE DEAD BY LR’S

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1(A). SMT. JYOTHI W/O LATE A.N SUBASH CHANDRA AGED ABOUT 52 YEARS,

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1(B). KUM.SANKEERTHI S REDDY D/O LATE A.N SUBASH CHANDRA AGED ABOUT 52 YEARS

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R1(A) & R(B) ARE R/AT: NO.2, AVN CAMAR AMBALIPURA, BELLANDUR GATE, SARJAPURA ROAD, NEAR POLICE STATION, HSR LAYOUT, BANGALORE SOUTH-560 102.

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...RESPONDENTS

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(BY SRI. J.SATISH KUMAR, ADVOCATE FOR LRS OF R1 ie. R1(A) & (B) VIDE ORDER DATED 7/11/2024, R2-R6 DELETED)

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THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST

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THE JUDGMENT AND DECREE DATED 14.08.2018 PASSED IN OS.NO.956/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, AND JMFJC., ANEKAL DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.

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THESE APPEALS, COMING ON ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE RAJESH RAI K

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NC: 2024:KHC:45024-DB RFA No. 1835 of 2018 C/W RFA No. 1564 of 2018

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ORAL JUDGMENT

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(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

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IN RFA No.1835/2018

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Learned counsel for the appellants has filed a memo seeking permission to withdraw this appeal. Memo is taken on record.

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Accordingly, the appeal is dismissed as withdrawn.

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IN RFA No.1564/2018

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Learned counsel for the parties have jointly filed the Compromise Petition. The appellants and the respondents are present before the court physically and admit the contents of the Compromise Petition. The Compromise Petition filed by the parties is taken on record.

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The Compromise Petition reads as under:

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“The parties above named most respectfully submit as under:

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1. One shri A. N. Subash Chandra had filed a suit for specific performance of the contract dated 05.03.2004 No.956/2006 on the file of the Hon'ble Civil Judge & JMFC at in Anekal seeking

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NC: 2024:KHC:45024-DB RFA No. 1835 of 2018 C/W RFA No. 1564 of 2018

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directions to execute sale deed in respect of the property measuring 2 acres 35 guntas in Survey No.122/2 of Thindlu Village, SarjapuraHobli, Anekal Taluk, Bangalore District, based on the Sale Agreement dated 05.03.2004, executed by Sri. S. M. Ramaiah and his family members who are defendants 1 to 5 and subsequent purchasers who are defendants 6 to 9.

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2. The Hon'ble Civil Judge & JMFC at Anekal decreed the suit on 14.08.2018. However, the Hon'ble Civil Judge & JMFC at Anekal did not consider the prayer of putting the plaintiff in possession and direction to execute the sale deed by the defendants 6 to 9 in respect of the suit schedule property. Being aggrieved by the said order, the plaintiff has filed the present appeal.

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3. In the meantime, the first defendant S. M. Ramaiah (now deceased) during his life time, conveyed the suit schedule property through Sale Deed dated 27.12.2004 in favour of the defendant No.6. The sale deed was executed by Sri. S. M. Ramaiah s/o. Sri. Dasari Muddappa along with his sons Sri. S. R. Amaresh & Sri. S. R. Nagesh, conveyed the suit land in favour of Sri. Rajesh Sardana s/o. Sri. Madanlal Sardana (the defendant No.6). The said Sale Deed was duly registered as document No.ANK-1-20726/2004-

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05 of Book-1, stored in CD No. ANKD46, in the office of the Sub Registrar, Anekal, for value.

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4. In turn. (1) Sri. Rajesh Sardana s/o Sri. Madanlal Sardana along with his legal heirs (2) Smt. Ritu Sardana w/o Sri. Rajesh Sardana, (3) Master Sahil Sardana s/o. Sri. Rajesh Sardana & (4) Master Rahul Sardana s/o. Sri. Rajesh Sardana, jointly conveyed the land bearing Sy. No.122/2, measuring 02 acres 35 guntas of Thindlu Village in favour of (1) Sri. G. K. Ravi s/o. late Krishnappa, (2) Srl. N. Krishnappa s/o. late K. R. Narayan Reddy & (3) Sri. S. M. Chandraiah s/o, late S. Muniswamy (the defendants No.7 to 9) in terms of the sale deed dated 09.01.2006. The said sale deed was duly registered as document No.ANK-1-12890/2005-06 of Book No.I, stored in CD No.ANKD91, in the office of the SubRegistrar, Anekal.

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5. The defendant Nos.7 to 9 got the land converted vide order bearing OM No.ALN(A)(S) SR:80/200708, dated 05.02.2010 passed by the Deputy Commissioner, Bangalore District.

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6. Thereafter, with an intention to develop the above property into residential layout, the defendants No.7 to 9 have entered into a Joint Development Agreement with M/s. Peninsula Infra

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NC: 2024:KHC:45024-DB RFA No. 1835 of 2018 C/W RFA No. 1564 of 2018

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Developments Pvt. Ltd., on 17.06.2010. The said Joint Development Agreement was duly registered as document No.SRJ- 1-00930/201011 of Book No.I, stored in CD No.SRJD38, in the office of the Sub-Registrar, Sarjapura, Anekal Taluk with a sharing ratio @ 622^1/2 % to Developer and 372^1/2 % to the defendants No.7 to 9(a), (b) & (c).

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7. To deal with the share and to obtain necessary permission to form a layout, the defendants 7 to 9 have executed General Power of Attorney dated 17.06.2010 in favour of M/s. Peninsula Infra Developments Pvt. Ltd., The said General Power of Attorney was duly registered as document No.SRJ-4-00057/2010-11 of Book No.IV, stored in CD No.SRJD38, in the office of the SubRegistrar, Sarjapura, Anekal Taluk.

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8. The developer is not a party to the proceedings since he has not been arrayed as party in the entire proceedings. However, he has spent considerable amount of time and money for developing the land into residential layout. He has secured sanction plan of the layout vide order No. APA/LAO/11/2010-11 from the Anekal Planning Authority.

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NC: 2024:KHC:45024-DB RFA No. 1835 of 2018 C/W RFA No. 1564 of 2018

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9. Later, Supplementary Agreement dated 09.12.2010 entered into between (1) Sri. S. M. Chandraiah s/o. late S. Muniswamy, (2) Sri. G. K. Ravi s/o late Krishnappa & (3) Sri. N. Krishnappa s/o. late K. R. Narayan Reddy in favour of M/s. Peninsula Infra Developments Pvt. Ltd., represented by its director Sri. Ramesh L, Identified their respective sites.

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10. 37.5% of the sital area/Villas land area allotted out of Schedule "A" Property to the First Party/Land Owners:

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*SL.* _NO. _	*PLOT* _NO. _	*Total Land* *Area inSq.Ft*	*Built Up* *Area*
1	1	16250	-
2	5	1200	1692.92
3	6	1200	1692.92
4	7	1200	1572.79
5	14	1454	1611
6	15	1454	1890.22
7	16	1454	1611
8	17	1454	1611
9	18	1454	1611
10	19	1454	1611
11	25	1500	2027.57
12	26	1500	1865.08
13	27	1500	2132.16

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NC: 2024:KHC:45024-DB RFA No. 1835 of 2018 C/W RFA No. 1564 of 2018

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11. 62.5% of sitalarea/Villas land area allotted out of

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Schedule “A” Property to Second Party/Developer:

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*SL.* *NO.*	*PLOT* *NO.*	*Total Land* *Area in Sq.Ft*	*Built Up* *Area*
1	2	1200	1692.92
2	3	1200	1692.92
3	4	1200	1692.92
4	8	1200	1572.79
5	9	1200	1713.54
6	10	1200	1717.44
7	11	1200	1696.92
8	12	807	1295.98
9	13	1220	1661.53
10	20	1454	1611
11	21	1454	1611
12	22	1454	2083.45
13	23	1454	2083.45
14	24	2000	2470.75
15	28	1500	1731.55
16	29	1500	1611
17	30	1500	1731.55
18	31	1500	1667.65
19	32	1500	1857.08

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NC: 2024:KHC:45024-DB RFA No. 1835 of 2018 C/W RFA No. 1564 of 2018

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20 33 2000 2372.05

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12. In the meantime, one of the defendants i.e., defendant No.9 Sri. S.M. Chandraiah died on 05.02.2022 leaving behind him his wife Smt. S.B.Shobha and children Ms.S.C. Sruthi, Mr.S.C. Atheesh & Ms. S.C. Nischitha.

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13. S. M. Chandraiah has written a Will dated 14.06.2021 vide document No.SRJ-III-000082021-22 and bequeathed his portion of undivided share to his son Sri. S. C. Atheeth in the schedule property.

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14. As a result of death of Sri. S. M. Chandraiah, the land owners and Developer have amended the JDA and GPA vide registered document No.9082/23-24 & 558/23-24 respectively on 25.03.20214, both registered in the office of the Sub-Registrar, Chamrajpet, Bengaluru.

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15. Since he has already invested considerable amount of money and time he has mediated with the plaintiff's family and able to arrive at settlement. The result of the negotiation is that the plaintiffs have agreed to give up their right of claim over the suit schedule property subject to receiving consideration in the below mentioned manner and as recorded in a Memorandum of

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NC: 2024:KHC:45024-DB RFA No. 1835 of 2018 C/W RFA No. 1564 of 2018

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Settlement dated 27.03.2024 which was duly executed by and between the plaintiff and defendants.

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16. Now the legal heirs of plaintiffs have received a sum of Rs.1,50,000/- (Rupees One Crore Fifty Lakhs only) in the following manner:

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Sl. No.	Date	DD No.	Bank	Amount
1	26.03.2024	Pay Order No.080184 drawn on Bank of Baroda	Issued in favour of Sankeerthi S.Reddy	17,00,000/-
2	27.03.2024	Banker’s Cheque No.885723 drawn on State Bank of India.	Issued in favour of Sankeerthi S.Reddy	33,00,000/-
3	26.03.2024	Pay Order No.080185 drawn n Bank of Baroda	Smt. Jyothi	50,00,000/-
4	24.10.2024	DD No.138983 drawn on Karnataka Bank.	Sri. Sankeerthi S.Reddy	25,00,000/-
5	24.10.2024	DD No.138984 drawn on Karnataka Bank.	Smt. Jyothi	25,00,000/-

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17. The legal heirs of plaintiff here by confirm having received the above amount in full and final settlement to the satisfaction of settlement to give up their rights on the suit schedule property

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under the suit Agreement for Sale executed on 05.03.2004 in respect of the suit schedule property executed by and between the plaintiff and the defendants 1 to 5.

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18. In consideration of the receipt of the sum of Rs. 1,50,00,000/- (Rupees One Crore Fifty Lakhs only) paid to the legal heirs of Plaintiffs by the Developer M/s. Peninsula Infra Developments Pvt. Ltd., represented by its director Sri. Ramesh L through the present owners i.e., the defendants 7 to 9 as per the details of the payment given below, the plaintiffs do hereby admit on solemn oath and confirm as follows:

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(a) The plaintiffs individually and collectively disclaim their right or interest in respect of the suit schedule property or every portion of it pursuant to the said agreement for sale executed on 05.03.2004 between the plaintiffs and defendants 1 to 5 in consideration of the receipt of the aforesaid amount of Rs.1,50,00,000/- (Rupees One Crore Fifty Lakhs only) paid by the Developer M/s. Peninsula Infra Developments Pvt. Ltd., represented by its director Sri. Ramesh L through defendants 7 to 9. Consequently, they admit that the suit agreement for sale dated 05.03.2004 is unenforceable in law and inoperative and that the

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NC: 2024:KHC:45024-DB RFA No. 1835 of 2018 C/W RFA No. 1564 of 2018

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plaintiffs undertake not to make any claim either in respect of the suit property or against the defendants 7 to 9 and against the Developer M/s. Peninsula Infra Developments Pvt.Ltd., represented by its director Sri.Ramesh L.

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(b) The Plaintiffs do hereby admit that they have no objections whatsoever to the sale transactions entered into between the defendants 1 to 5 in favour of the 6th defendant and also the transaction entered into between the 6th defendant and defendants 7 to 9 in the suit and also the Joint Development Agreement executed by and between the defendants 7 to 9 jointly in favour of the Developer M/s. Peninsula Infra Developments Pvt. Ltd., represented by its director Sri. Ramesh L in respect of the suit property as elaborately stated above regarding the said transactions hereinabove.

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(c) The plaintiffs or any person or persons claiming through or under them either individually or collectively admit that the defendants 7 to 9 in the suit O.S. No.956/2006 are the present owners and ire lawful possession of the suit property and that the plaintiffs have absolutely no objection whatsoever to the development and sale of the suit schedule property by the defendants 7 to 9

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NC: 2024:KHC:45024-DB RFA No. 1835 of 2018 C/W RFA No. 1564 of 2018

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and the said developer in the manner they deemed appropriate. In consideration of receipt of the above sums. The plaintiffs admit the lawful title and possession of the defendants over the suit schedule property herein and the developments made in the silt schedule property/schedule herein.

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(d) The Plaintiffs do hereby admit that they have not assigned their Interest under the said agreement for sale dated 05.03.2004 in any manner whatsoever either by way of assignment or otherwise in respect of the suit schedule property. Plaintiffs have no objection whatsoever to this Hon'ble Court granting permanent injunction restraining the Plaintiffs or any person or persons claiming through or under them in any capacity whatsoever from interfering with the developmental activities including construction being carried on by the defendants 7 to 9 and the said developer M/s. Peninsula Infra Developments Pvt. Ltd., represented by its director Sri. Ramesh L in any manner whatsoever.

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(e) The Plaintiffs state that the aforesaid consideration amount paid as per the details given above are as finally negotiated by and agreed unconditionally between the plaintiffs on

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17 - NC: 2024:KHC:45024-DB RFA No. 1835 of 2018 C/W RFA No. 1564 of 2018

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the one hand and the developer M/s. Peninsula Infra Developments Pvt. Ltd., representing the defendants 7 to 9 and the said payment is accepted by the plaintiffs and even realized by the plaintiffs.

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(f) The developer M/s. Peninsula Infra Developments Pvt. Ltd., who is developing the suit property has paid the aforesaid sum of Rs.1,50,00,000/(Rupees One Crore Fifty Lakhs only) to the plaintiffs at the Instructions of the defendants 7 to 9 and in consideration of the payment of the aforesaid amount by the developer to the plaintiffs, the defendants 7 to 9 have agreed to transfer 3 (three) villas to be constructed by the developer in the suit property, from the share of the defendants 7 to 9 by way of adjustment in lieu of this settlement to the plaintiffs and the said three villas are bearing Villa Nos.2, 3 & 4 in consideration of the payment of Rs.1,50,00,000/(Rupees One Crore Fifty Lakhs only) made by the developer M/s. Peninsula Infra Developments Pvt. Ltd., to the plaintiffs on behalf of the Defendants 7 to 9.

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(g) The defendants 7 to 9 [9(a)] hereby agree transfer all rights including right to sell below mentioned villas to the share of developer

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NC: 2024:KHC:45024-DB RFA No. 1835 of 2018 C/W RFA No. 1564 of 2018

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towards adjustment payment of consideration made by the developer.

¶138

*Sl.* *No.*	*Plot* *No.*	*Total* *Area* *Sq.Ft*	*Built Up* *Area*
1	2	1200	1692.92
2	3	1200	1692.92
3	4	1200	1692.92

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In the light of above the present modified list of

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Villas fallen to the share of developer:

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*Sl.* *No.*	*Plot* *No.*	*Total* *Land* *Area* in *Sq.Ft*	*Built Up* *Area*
1	2	1200	1692.92
2	3	1200	1692.92
3	4	1200	1692.92
4	8	1200	1572.79
5	9	1200	1713.54
6	10	1200	1717.44
7	11	1200	1696.92
8	12	807	1295.98
9	13	1220	1661.53
10	20	1454	1611

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NC: 2024:KHC:45024-DB RFA No. 1835 of 2018 C/W RFA No. 1564 of 2018

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11	21	1454	1611
12	22	1454	2083.45
13	23	1454	2083.45
14	24	2000	2470.75
15	28	1500	1731.55
16	29	1500	1611
17	30	1500	1731.55
18	31	1500	1667.65
19	32	1500	1857.08
20	33	2000	2372.05

¶145

17. There is no fraud, coercion, undue influence or force by any of the parties in entering into compromise petition and this compromise petition is voluntary and for the benefit of parties to this compromise and the covenants made herein are true and correct as agreed between the parties hereto.

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18. It is step specifically agreed that in the event of breach of any of the conditions in this compromise, the aggrieved party or parties shall have the right to approach the competent court of law against the party committing breach.

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WHEREFORE the appellants and the respondents herein most respectfully pray that this Hon'ble Court may be pleased to set aside the judgment and decree passed by the Senior Civil Judge and JMFC at Anekal in O.S. No.956/2006 in respect of the land measuring 2 acres 35 guntas in Sy. No.122/2 of Thindlu Village, SarjapuraHobli, Anekal Taluk and decree the suit in terms of this compromise petition in the interest of justice and equity.

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SCHEDULE

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All that piece and parcel of the immovable property bearing No.122/2, situated at Thindlu Village, SarjapuraHobli, Anekal Taluk, Bangalore District, measuring 2 acres 35 guntas and bounded on the :

¶151

East by	:	Sy.No.121;
West by	:	Sy.No.122/1;
North by	:	Sy.No.123;
South by	:	Sarjapura-Bagalur Main Road.

¶152

In terms of the compromise entered between the

¶153

parties, the appeal is disposed of. The decree rendered by the Court below in O.S.No.956/2006 dated 14.08.2018 is hereby

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NC: 2024:KHC:45024-DB RFA No. 1835 of 2018 C/W RFA No. 1564 of 2018

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modified. The Decree Branch is directed to draw the decree in terms of the compromise petition.

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The fee, if any, paid by the appellants is ordered to be refunded to them on due identification and in accordance with

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law.

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Sd/(K.SOMASHEKAR)

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JUDGE

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Sd/(RAJESH RAI K) JUDGE

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List No.: 1 Sl No.: 16

Sri a N Subash Chandra v. S M Ramaiah

Case brief

What is this about?

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Sri a N Subash Chandra v. S M Ramaiah

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