N. K. CONSTRUCTIONS Vs. B. M. VEERESH

JUDGEMENT

(1.) This captioned appeal is filed by the first defendant challenging the judgment and decree dated 25.6.2011 passed in O.S.No.2123/2009 by the learned XI Addl. City Civil Judge, Bangalore City.

(2.) For the sake of convenience, the parties are referred to as per their rank before the Court below.

(3.) Facts leading to the case are as under: The plaintiff filed a suit for the relief of specific performance of the agreement of sale dated 6.3.2006 in respect of "B" Schedule property along with undivided share in "A" schedule property by specifically contending that defendants 3 and 4 are the owners of plaint "A" schedule property and the second defendant was the builder and developer. It is stated in para 2 of the plaint that an agreement was entered into between defendants 3 and 4 on the one hand and the second defendant who is the builder on the other hand on 10.3.1995. Accordingly, the parties signed the Memorandum of Understanding dated 10.3.1995. Pursuant to the same, defendants 3 and 4 entrusted the schedule "A" property to the second defendant to construct residential flats. The plaintiff has further contended that there was also a Memorandum of Understanding dated 15.3.2006 between the second defendant and all other purchasers of the flats including the first defendant.