ESHWARAIAH Vs. T SHANTHARAJU

JUDGEMENT

(1.) This is a defendant's regular first appeal challenging the judgment and decree of the Trial Court decreeing the suit of the plaintiff for refund of the advance money paid under the agreement of sale with interest at 9% p.a. from the date of agreement.

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

(3.) The subject matter of the suit is land bearing Sy. No.192 measuring to an extent of 3 acres and karab land situated at Sampigehalli, Bannerughatta Dhakale, Jigani Hobli, Anekal Taluk, Bangalore District, which is more particularly described in the schedule to the plaint (hereinafter referred to as 'the schedule property').