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2007 Supreme(Kar) 607

H.N.NAGAMOHAN DAS
M/S. MAHESH CENTRE – Appellant
Versus
PEOPLE CHARITY FUND BY ITS TRUSTEES – Respondent


NAGAMOHAN DAS, J, J.


( 1 ) THIS Regular First Appeal arises out of judgment and decree dated 27/3/2002 in O. S. No. 5309/1990 passed by the XI Addl. City Civil Judge, Bangalore City dismissing the suit of plaintiff for specific performance for lease of schedule property.

( 2 ) THE appellants are the plaintiffs. Respondents are the defendants. The parties in this appeal are referred to by their status before the Trial Court.

( 3 ) FIRST defendant is a public charitable trust. Defendants 2 to 4 are the Trustees. Defendants are the owners of schedule property. Plaintiffs are engaged in developing modem building/ complexes. The defendants invited tenders in the month of May/ June 1980 for development of schedule property. Plaintiffs through their letter dated 17/6/1980 offered to develop the schedule property. According to the plaintiffs, after long correspondence, there came to be a concluded contract for development of schedule property. Since the defendants failed to perform their part of obligation and refused to lease the schedule property for development, the plaintiffs filed O. S. No. 5309/ 1990 for decree of specific performance to lease the schedule property by executing a r






















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