V. VINAYAKA PRASAD Vs. V. PACKIRISAMY

JUDGEMENT

(1.) This Regular First Appeal is filed by defendants No. 1 to 3 challenging the judgment and decree dtd. 4/12/2014 passed in O.S. No.2464/1999 by the learned XXX Additional City Civil Judge, Bengaluru City, thereby, the suit filed by the plaintiff for recovery of money was decreed.

(2.) For the sake of convenience and easy reference, the rank of the parties are referred to as per their rankings before the Trial Court.

(3.) It is the case of the plaintiff that on 27/2/1993, the defendants representing themselves as the owners of the sites situated in the layout formed in Sy.No.55, Beilahalli, Yelahanka, Bengaluru North, offered to sell the sites to the plaintiff for total sale consideration of Rs.4,50,000.00. In the absence of defendants No. 4 and 6, the other defendants on 1/3/1993 received advance amount of Rs.1,50,000.00 and executed an agreement of sale. Defendant No. 5 took the original agreement by furnishing a copy of the agreement to the plaintiff under the guise of securing the signatures of defendants No. 4 and 6, but did not return the original agreement of sale by securing the signatures of defendants No. 4 and 6. In spite of several requests made and despite legal notice, defendant No. 5 sent a note explaining his inability to pursue for execution of the sale deed. Therefore, the plaintiff filed the suit for recovery of money.