KRISH BUILDERS PVT LTD Vs. BHAVARLAL

JUDGEMENT

(1.) The above first Appeal is filed by the Defendant Nos.1 to 4 under Sec. 96 of Code of Civil Procedure, 1908 (for short 'CPC') challenging the Judgment and Decree dtd. 6/8/2013 passed in O.S. No.326/2002 by the XIV Addl. City Civil Judge, Bangalore (CCH-28).

(2.) For the sake of convenience, the parties will be referred to by their rank before the Trial Court.

(3.) The case of the Plaintiff in brief is that he is the owner of property bearing No.36/3 situated at 4th Main Road, RPC Layout, Corporation Division No.30, Vijayanagara, Begaluru - 560040 measuring East-West 129.9 feet and North-South 71 feet (hereinafter referred to as 'suit property'). That, based on the representations made by the Defendant Nos.2 to 4 who are the Directors of Defendant No.1, Plaintiff entered into an Agreement of Sale Deed dtd. 5/5/1992 with the Defendant No.1, whereunder, he agreed to sell the suit property at Rs.235.00 per square feet and an advance of Rs.3,50,000.00 was paid. The balance sale consideration was to be paid at the time of registration of the Sale Deed.