RAMESH S/O. SHRINIVAS SHANBAG Vs. JAI CONSTRUCTION

JUDGEMENT

(1.) The captioned appeal is by the plaintiffs who are aggrieved by the judgment rendered by the Court below in O.S.No.245/2017. The plaintiffs suit seeking refund of the advance amount paid under an agreement to sell dtd. 17/2/2011 is dismissed on the ground of limitation by applying Article 24 of the Limitation Act.

(2.) For the sake of brevity, the parties are referred to as per their rank before the trial Court.

(3.) The facts leading to the case are as under: Plaintiffs filed a suit seeking refund of advance amount. Plaintiffs contended that defendant is a proprietary concern engaged in construction activities. Plaintiffs have further pleaded that they came to know about the proposed project undertaken by defendant and accordingly approached the defendant and on enquiry about the proposed construction, plaintiffs agreed to purchase two plots in the proposed building. Two plots were agreed to be purchased by the plaintiffs for a sale consideration of Rs.38,40,000.00. The plaintiffs accordingly paid an advance sale consideration of Rs.35,00,000.00. Plaintiffs further contended that they paid another sum of Rs.5,00,000.00 by way of cheque bearing No.456763. As per the terms of agreement, defendant had undertaken to complete the entire project within a period of two years and had agreed to execute sale deed by receiving balance sale consideration. Plaintiffs further alleged that they have in all paid Rs.41,00,000.00 to defendant whereas defendant has repaid a sum of Rs.2,00,000.00 by way of hand loan taken from plaintiffs by cheque bearing No.109483. Hence, filed the present suit for the remaining amount of Rs.39,00,000.00 with interest.