RAJA BUILDERS AND INVESTMENTS PARTNERSHIP Vs. K C SHIVASHANKAR SINCE DECEASED

JUDGEMENT

(1.) The legality and correctness of the judgment and decree passed by the 39th Addl. City Civil and Sessions Judge, Bangalore, in O.S. No. 482/2002 dated 29th August 2009, is called in question in this appeal. The appellants were the plaintiffs before the trial Court. The suit was instituted by the plaintiffs to declare that the Joint Development Agreement dated 31-10-1994, Supplementary Agreement dated 15-12-1994 and the General Power of Attorney dated 31-10-1994 executed by one K.C. Shivakumar are valid and subsisting and to direct defendant K.C. Shivashankar to take all necessary steps to facilitate implementation of the Joint Development Agreement dated 31-10-1994 and Supplementary Agreement dated 15-12-1994 and also take steps to settle dispute the dispute in relation to 5 ft. of land forming part of the suit schedule property and to perform all other obligations cast upon the defendant under the said agreements.

(2.) During the pendency of the suit, defendant-K.C. Shivashankar died and his legal representatives were brought on record.

(3.) It is the case of the plaintiffs that the defendant is the absolute owner of the suit property and in terms of the agreements referred to above, the plaintiffs agreed to develop and construct residential apartment as per the sanctioned plan and out of the constructed area, 42% has to be given to the defendant and remaining 59% built-up area shall be utilized by the plaintiff. It is also the case of the plaintiffs that on the date of agreement the plaintiffs paid a sum of Rs. 8,00,000/-, by cheque, which is a refundable deposit and an irrevocable General Power of Attorney was executed in favour of plaintiffs authorising and empowering the third plaintiff to apply to concerned authorities like KEB, Bangalore City Corporation, Fire Force; revenue authorities for obtaining necessary sanction plan and other permission required to complete the project. It is also the case of the plaintiffs that pursuant to the agreement, development charges was also paid, an attempt was made to secure the licence and plan from the concerned department. All of a sudden, a suit was filed by one of the brothers of the defendant in O.S. No. 1715/1997 against the plaintiffs and the defendant for grant of perpetual injunction. An order of injunction was granted in favour of plaintiff therein. Thereafter, the defendant filed Miscellaneous First Appeal in M.F.A. No. 1784/1996 which was disposed of by this Court. By the time, the appeal came to be disposed of by this Court, the area which was earlier within the jurisdiction of Jakkasandra Sanitary Board was merged with the Bangalore Mahanagara Palike and fresh licence was required to be obtained. On the ground that there was no co-operation, inspite of the plaintiffs were ready and willing to complete the project, the suit came to be filed.