JUDGMENT :

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, (CCH20) (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.

It is against the said judgment and decree, the plaintiffs have preferred this appeal.

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 earthwork on 18-08-2010. During the period from 20-08-2