HARBANS THUKRAL Vs. CYMA EXPORTS PRIVATE LIMITED

JUDGEMENT

(1.) HEARD the learned counsel for the parties. The parties are referred to by their rank before the trial court for the sake of convenience.

(2.) THE appellants were the plaintiffs. It was the case of the plaintiffs, that they had entered into an agreement dated 17.6.1979 with the first defendant, which is a private limited company, engaged in the construction of multi -storeyed buildings and in respect of the project known as Garden Apartments at No. 21, Grant Road. Bangalore, envisaging the construction of three blocks of buildings, the plaintiffs proposed to purchase an apartment bearing No. 5, on the fifth floor of a block, known as 'Rajnigandha'. In terms of the agreement, the apartment was to be completed in all respects and fit for occupation on or about 30.6.1980 and was to be handed over to the plaintiffs. The total consideration was Rs. 1,80,000/ - The amount was payable in installments, as provided for under the agreement corresponding to completion of the several stages of construction and initial payment of Rs. 5,000/ - was paid on the execution of the agreement of sale.

(3.) ON the basis of the pleadings, the court below had framed the following issues: -