SALAMMA Vs. A. WAHAB KHAN

JUDGEMENT

(1.) The suit of the present appellants filed against the present respondent arraigning him as a defendant in O.S.No.9697/2007 in the Court of the XXXI Additional City Civil Judge, Bangalore City (CCH-14) (hereinafter for brevity referred to as "Trial Court") for recovery of a sum of Rs. 2,00,000/- with interest at the rate of Rs. 18% per annum from the defendant came to be dismissed by the Trial Court by its judgment and decree dated 27-03-2012. It is against the said judgment and decree, the plaintiffs in the Court below have preferred this appeal.

(2.) The summary of the case of the plaintiffs in the Court below was that, plaintiff Nos.1 and 2 are respectively the wife and son of late Sri.D. Byappa Reddy, who passed away at Bengaluru on 19-06-2005. The plaintiffs as legal heirs of the deceased late Sri.D. Byappa Reddy have succeeded to his estate. During his life time, Sri.D. Byappa Reddy had entered into an Agreement dated 04-10-1999 with the defendant to purchase the land in Sy.No.57 of Kadugondanahalli Village to an extent of 32 guntas from its owner, i.e. the defendant. In that direction, the said late Sri.D. Byappa Reddy had paid an advance sale consideration also. Later in the year 2004, late Sri.D. Byappa Reddy came to know that the said land which he intended to purchase from the defendant was the subject matter of acquisition having been acquired by the Bangalore Development Authority (BDA). Thereafter, the purchaser late Sri.D. Byappa Reddy asked the defendant to refund the advance sale consideration paid to him. Accordingly, the defendant agreed to repay a sum of Rs. 1,50,000/-, but pleaded difficulty in refunding the amount forthwith and sought for time. In that regard, he executed an Agreement dated 17-12-2004 in favour of late Sri. D. Byappa Reddy. In the said Agreement, the defendant undertook to pay a sum of Rs. 1,50,000./- to late Sri.D. Byappa Reddy, within a period of three months from the date of the said Agreement. The defendant had collected back the original Agreement of Sale dated 04-10-1999 from late Sri.D. Byappa Reddy, when he executed the Agreement dated 17-12-2004. The defendant subsequent to the Agreement dated 17-12-2004 did not keep up his promise and did not repay the amount to late Sri.D. Byappa Reddy/the plaintiffs. The plaintiffs made several attempts for the refund of the amount from the defendant. Since he did not accede to their request, they were constrained to institute a suit for recovery of a sum of Rs. 2,00,000/- together with interest thereupon at Rs. 18% per annum from the defendant.

(3.) In response to the summons served upon him, the defendant appeared through his counsel and filed his Written Statement, wherein he contended that, late Sri.D. Byappa Reddy had agreed to purchase the land from him on 09-1-2005 and also had paid an advance amount of a sum of Rs. 1,00,000/-. Later, in the year 1996, the defendant paid back the amount to late Sri.D. Byappa Reddy and the Agreement was cancelled at the instance of late Sri.D. Byappa Reddy and that neither the defendant agreed to pay a sum of Rs. 1,50,000/- nor executed an Agreement on 17-12-2004 in favour of late Sri.D. Byappa Reddy. The defendant further contended that he refunded the amount due in the year 1999 itself and that the entire sale transaction had come to an end. He called the alleged Agreement of the year 2004 as a got-up and a concocted one. The defendant denied that the alleged Agreement of the year 2004 bears his signature in it.