ASHOK KUMAR RATANLAL SAKHALA AND OTHERS Vs. SRI SAJJAN RAJ SANKLA AND OTHERS

JUDGEMENT

(1.) IN these writ petitions, Petitioners are aggrieved by the order dated 08.04.2011 passed by the learned City Civil Judge, Bangalore City, dismissing the application filed seeking a direction to Defendant No. 1 - Respondent No. 1 herein to deposit the amount received from Defendant Nos. 17 and 18 in a sum of rupees six crores along with interest from 28.05.2007 till the date the amount is credited.

(2.) PETITIONERS herein are Plaintiff Nos. 11 to 18 in the Trial Court. They have filed the suit O.S. No. 8230/2007 along with Respondent Nos. 19 to 28 herein seeking partition in respect of the plaint schedule properties. According to the Petitioners, though Defendant No. 1 has admitted in the written statement that the suit schedule properties are the joint family properties, without having any exclusive right over the properties he has received substantial amount of rupees six crores vide cheque dated 28.5.2007 from Respondents 2 and 3 herein and that the said amount was received pursuant to a joint development agreement which he has executed with Respondents 2 and 3. It is the contention of the Plaintiffs that Defendant. No. 1 has been enjoying the said substantial amount dishonestly and falsely representing that he was the karta of the family. It is also contended by them that the alleged joint development agreement dated 28.05.2007 was a created, manipulated and fraudulent one. it is in this background, that the Petitioners caused a legal notice dated 20.04.2010 to Defendant No. 1 calling upon him to deposit the amount of rupees six crores received by him along with interest.

(3.) THE Trial Court has rejected the same holding that the said amount reflected the refundable deposit payable to Defendant No. 17 soon after the completion of the construction of the apartments or in the event of non -completion of the project, therefore, the same could not be termed as enrichment by Defendant No. 1 as sought to be contended by the Plaintiffs.