LAKSHMAMMA Vs. J NARASIMHAIAH

JUDGEMENT

(1.) AGGRIEVED by the judgment and decree dated 05.12.2012, passed by the First Additional Civil Judge, C.J.M., at Shimoga, in O.S. No.146/2011, partly decreeing the plaintiff's suit for a sum of Rs.15,00,000/ - (Rupees Fifteen Lakhs Only), the defendants have filed the present appeal.

(2.) THE parties will be referred to as per their ranking in the trial court.

(3.) THE defendants issued a notice dated 05.05.2009, calling upon the plaintiff to get the property registered within 15 days from the date of receipt of the notice. A reply notice was issued demanding the documents from the defendants. The defendants in turn replied saying that the sale deed has to be registered within 10 days, after which the agreement would stand terminated. The plaintiff asked the defendants to come for registration with all the documents, without which the registration of the sale deed was not possible. He waited for three years after investing huge amount of money on the property. The termination of the agreement by the defendants as per notice 29.06.2009 was accepted. The plaintiff demanded for refund of the amount. The defendants informed the plaintiff that it was forfeited in terms of notice dated 26.06.2009. Under these circumstances, the plaintiff filed the instance suit seeking recovery of Rs.15,00,000/ - lakh with interest @ 12% from 19.07.2008 till 31.08.2011, with current and future interest @ 18% from the defendants.