K.C. BHATT AND ORS. Vs. INDIRA BHURARIA

JUDGEMENT

(1.) The defendants have preferred this appeal against the judgment and decree of the trial Court which has decreed the suit of the plaintiff as prayed for with costs.

(2.) For the sake of convenience, the parties are referred to as they are referred to in the original suit.

(3.) The case of the plaintiff is, the first defendant claims to be an allottee of site No. 8, BTM layout, BOOHBCS colony, Bangalore South taluk, which property is fully described in the schedule to the plaint and hereinafter referred to as 'the schedule property'. By an agreement of sale dated 14 -11 -1995, the first defendant agreed to sell the schedule property to the plaintiff for a sum of Rs. 27,88,425/ -. A sum of Rs. 9,00,000/ - was paid as advance by cheque. The balance sale consideration was to be paid at the time of registration. The first defendant agreed to get the sale deed in favour of the plaintiff directly from the Society within three months from 14 -11 -1995 - the date of execution of the sale agreement. Within seven days from the date of execution of the sale deed, possession of the schedule property was to be handed over to the plaintiff. The plaintiff would get the schedule property registered by paying the balance sale consideration of Rs. 18,88,425/ -. The balance sale consideration was agreed to be paid on delivery of vacant possession with interest calculated at the rate of 21% p.a. from 14 -11 -1995.