T DASE GOWDA Vs. D SRINIVASAIAH

JUDGEMENT

(1.) The appeal and the cross-objections are directed against the judgment and decree dated 15-4-1987 passed by the VII Additional City Civil Judge, Bangalore, in O.S. No.748 of 1983.

(2.) The facts relevant for the disposal of the appeal and thepross-objections, briefly stated, are as under: The plaintiff (respondent-1) filed a suit in O.S. No.748 of 1983 praying for a decree against the defendant in the following terms:

(3.) The plaintiff's case, in brief, was as follows:The 1st defendant (appellant) entered into an oral agreement with the plaintiff on 1-9-1981 agreeing to sell the suit-site along with incompleted structure thereon for a sum of Rs. 1,12,000/- and in furtherance of the same, on 3-9-1981, the 1st defendant received a sum of Rs. 41,000/- towards part-consideration of the sale amount and issued a stamped receipt in that behalf. He also put the plaintiff in possession of the suit-site and authorised the plaintiff to complete the construction of the building. The 1st defendant wanted some more money. Therefore, he offered to execute a written agreement (Ex. P,6) on 1-10-1981 and received an amount of Rs. 4,000/- from the plaintiff at that time. The plaintiff, in furtherance of the agreement, completed the construction of the building after getting the plan modified and spending more than Rs. 2,52,000/- in that behalf. He had planned to perform 'Gruha Pravesham' on 12-4-1982. When this was so, the 1st defendant, on the night of 28-3-1982 forcibly occupied the suit premises and took possession of the several articles and goods of the plaintiff referred to in para 9 of the plaint. The plaintiffs efforts to get the matter settled with the good offices of Sri Ramaswamy lyengar, and R.G. Patil, Advocates, proved futile. The plaintiff thereafter issued a registered notice dated 29-8-1982 calling upon him to deliver possession to him but of no avail. Hence the suit by the plaintiff praying for a decree in terms referred to hereinabove,