BENCH MARK BUILDERS LTD., REP. BY ITS DIRECTOR Vs. M/S. THE KARNATAKA EXHIBITION AUTHORITY, REP. BY THE CHIEF EXECUTIVE

JUDGEMENT

(1.) THE unsuccessful plaintiff has filed this appeal, being aggrieved by the judgment and decree dated 30 -6 -2010 passed by the II Addl. Senior Civil Judge, Mysore in OS No. 300 of 1995. For the sake of convenience, the parties would be referred to as per their status before the trial court.

(2.) FACTS leading to this appeal are that: The plaintiff filed the suit declare that the tender notification dated 31 -8 -1995 published in the Kannada Prabha daily dated 4 -9 -1995 by the defendant as arbitrary, illegal null and void and also for a perpetual injunction, restraining the defendant from allotting the land in the possession of the plaintiff to any other person and that the plaintiff is entitled to continue to be in possession till the lease transactions are finalized under the deed dated 13 -4 -1994 and direct the defendant to hand over the entire 10 acres of land situated at Doddakere Maidan, Mysore. Alternatively, the plaintiff sought for refund of a sum of Rs. 4,68,750/ -, which was paid towards earnest money deposit [EMD] by the plaintiff to the defendant in a sum of Rs. 5.00 lakh, after adjusting the rent payable by the plaintiff, and interest in a sum of Rs. 6.75 lakh till 15 -9 -2000 and thereafter at the rate of 24% p.a. on the principal amount of Rs. 4,68,750/ -. The plaintiff has also sought for damages of Rs. 10.00 lakh by means of compensation.

(3.) THE respondent filed a detailed written statement raising several contentions. In so far as refund is concerned, it was contended by the defendant that the claim made by the plaintiff was barred by limitation and the defendant is not liable to pay the same.