SHWETHA GUPTA Vs. NARASIMHA MURTHY

JUDGEMENT

(1.) The present appellant was the plaintiff in the Court of the Additional City Civil Judge (Sr.Dn.)at Ramanagara (hereinafter for brevity referred to as "Trial Court") in O.S.No.112/2009 filed by her against the present respondents herein arraigning them as defendants. The suit was filed for recovery of money for a sum of Rs.26,16,250.00 from the defendants with interest there upon at '15% per annum from the date of the suit till the date of realisation and for the sale of mortgaged property.

(2.) The summary of the case of the plaintiff in the Trial Court was that, the first defendant (respondent No.1 herein) had undertaken to procure some land for the plaintiff under an Agreement dated 07-06-2007 in which regard, he had received a sum of Rs.10,00,000.00 from the appellant/plaintiff on the date of the Agreement. The first defendant further received another sum of Rs.10,00,000.00 from the plaintiff, thus in total, the first defendant had received a sum of Rs.20,00,000.00 from the appellant/plaintiff by promising her that he would procure 25 acres of land to her for the purchase within a period of six months from the date of the Agreement. The first defendant had also agreed to repay the said advance amount with interest at the rate of '15% per annum from the date of receipt till the date of re-payment in the event of his failure to adhere to the time line. He also agreed to pay the damages of a sum of Rs.1,00,000.00 for the loss suffered by the appellant(plaintiff).

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