G. ROOPA Vs. SRI. V. T. MANJUNATH

JUDGEMENT

(1.) THIS is a defendant's appeal challenging the judgment and decree passed by the I Addl. Civil Judge, Sr. Dvn., Chitradurga in OS 140/2001 decreeing the suit of the plaintiff. Plaintiff filed a suit for recovery of Rs. 1,02,640/ - with interest at 24% from the date of suit till realization. According to the plaintiff, on 21.7.1997 the 1st defendant entered into an agreement with the plaintiff in respect of selling house property allotted to her by the Karnataka Housing Board. The 1st defendant expressed her inability to pay the entire amount in respect of the house allotted to her and the plaintiff came forward to pay Rs. 65,000/ - having agreed to purchase the same. On the same day, 1st defendant received Rs. 15,000/ - as advance out of the sale consideration of Rs. 65,000/ - and the 1st and 2nd defendants affixed their signature in the presence of witnesses to the agreement. Subsequent to the said agreement, on 14.8.1998 both the defendants have received a sum of Rs. 27,900/ - and also an endorsement was made to that effect.

(2.) ACCORDING to the plaintiff, defendants postponed the execution of the sale deed for one or the other reason and on the request of the defendant, plaintiff paid the remaining amount of Rs. 22,100/ -. Further, since the defendant assured executing the sale deed, he did not obtain any acknowledgment. On inquiry, he came to know that no allotment of house is made in favour of the defendants. Stating that defendants have played fraud and collected the money by false representation, he got issued a notice for return of the amount and also after issuing notice, panchayath was convened and in that, defendant had agreed to pay the entire amount with interest. However, in spite of promising before the panchayath, defendants did not pay the amount. Hence, the suit.

(3.) BASED on the pleadings, trial court raised the following issues for consideration: