K. SREEDHAR RAO, J.

( 1 ) THIS appeal filed against the order passed by the XVII Additional City civil Judge Bangalore on issue No. 7 in O. S. No. 3390/97. The appellant is the plaintiff filed a suit for permanent injunction against the defendant /respondent not to interfere with the peaceful possession and enjoyment of the suit schedule properties. The defendant is the owner of a peace of land. The plaintiff a builder and developer entered into an agreement with the defendant for construction of a complex at his cost and after completion of the construction, it was agreed that the 50% of the built up area has to be taken over by the builder as his own property and to deal with the same in the manner he wishes. The balance of 50% of the constructed property had to be delivered to the owner, Under the agreement certain stipulations are also made regarding the reimbursement, the cost of construction, if construction area exceeds and the area contemplated under the agreement. The agreement also provides for a deposit of rs. 15,00,000/- payable by the plaintiff to the defendant at the time of the contract which is to be refundable and security deposit paid to the K. E. B. , B. W. S. S.

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