VIJAYALAKSHMAMMA Vs. I. N. SHANMUGANANDA

JUDGEMENT

(1.) The appellants' suit filed against the present respondent arraigning him as a defendant in O.S.No.15335/2002 in the Court of XXVI Additional City Civil Judge, Mayo Hall, Bangalore, (CCH-20) (hereinafter for brevity referred to as "Trial Court") for recovery of a sum of Rs.3,61,025/- with interest there upon came to be dismissed by the Trial Court by its judgment and decree dated 20-11-2010.

(2.) The summary of the case of the plaintiffs in the Trial Court was that, they being the owners of the property bearing No.16, Khata No.267/230 situated at Arakere Village, Bommanahalli Municipality limits, Bangalore City, entrusted the construction work of a residential house thereupon to the defendant contractor, agreeing to pay him the consideration at the rate of Rs.71,000/- per square (100 sq.ft.) which included all the necessary provisions such as compound, wardrobe, kitchen cabinet, marble/granite floor etc. The defendant started the earth-work on 18-08-2010. During the period from 20-08-2010 to 25-08-2010, the plaintiffs paid him a sum of Rs.1,50,000/-. The foundation work was completed on 18-09-2000 and plaintiffs paid the defendant a sum of Rs.2,00,000/- to the defendant. In the month of October 2000, the defendant brought an agreement duly written and stating that it is a formality which is required to be signed by the plaintiffs, got the signature on the said typed agreement on 19-10-2000. However, he stated that, some of the Clauses like the payment of 20% of the total estimated amount before commencement of the work can be ignored.

(3.) In response to the summons served upon him, the defendant appeared through his counsel and filed his Written Statement. In his Written Statement, the defendant admitted of undertaking the work of putting up construction of the house at the desire of the plaintiffs and agreeing for a consideration at the rate of Rs.71,000/- per square (100 Sq.ft.). However, he stated that the said agreement entered into between them did not include compound wall on the northern side. Though he stated that on 18-08-2000, 'Bhoomipooja' was performed and a draft copy of the terms and conditions was given to the plaintiffs for their approval on 20-08-2000 and an agreement was signed by them on 15-11-2000, but he also stated that the plaintiffs were non-co-operative and had mala fide intention in not getting the agreement signed in the earlier point of time. He stated that at no point of time, he tried to go back from the agreement and the alleged deviations from the plan were all at the request of the plaintiffs. He denied that he had committed any breach of the agreement and denied his alleged liability towards the plaintiffs.