USHA BEEMASENA Vs. K. C. PONNAPPA

JUDGEMENT

(1.) It is a defendants' appeal. The present respondent Nos.1 to 3 as plaintiffs had instituted a suit against the present appellants and present respondent No.4 (deleted vide order dated 03-11-2010 in this appeal) in O.S.No.4921/1997 in the Court of the learned XIV Additional City Civil Judge at Bangalore (CCH-28), (hereinafter for brevity referred to as the "Trial Court"), seeking for recovery of a sum of Rs. 27,476-47 with interest there upon at the rate of Rs. 18% per annum from the date of suit till its realisation.

(2.) The summary of the case of the plaintiffs in the Court below was that, the first defendant was the owner of land comprised in property bearing No.4/12, Crescent Road, Bangalore-560001. The second defendant is the husband of the first defendant and also her Power of Attorney holder. The second defendant as a General Power of Attorney holder of the first defendant entered into an agreement with the second plaintiff whereunder, an apartment building was put up in the suit schedule premises. As per the agreement, the plaintiff purchased seven flats and the defendants retained one flat for them. It was also agreed between the parties regarding the common maintenance amount which has to be shared between the parties.

(3.) After service of suit summons, the defendant Nos.1 and 2 appeared through their counsel and filed their Written Statement. They denied the plaint averments and they contended that there was no agreement entered into between the parties regarding the common maintenance of services, viz. watch and ward, cleaning etc. However, they admitted that they had agreed to pay electricity charges and water charges only. They denied that they were in any amount due to the plaintiffs much less the suit claim.