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RAMA ANANTH, ABDUL PERWAD, T.JAYARAMA CHOUTA
KASHIAMMA – Appellant
Versus
M. HUSSAIN – Respondent


Advocates:
Counsels for the Parties :
For the Complainant :Mr. K. Rama Bhat, Advocate.
For the Opposite Party : None.

ORDER

Mr. Justice T. Jayarama Chouta, President—This complaint has been filed under Section 12 of the C.P. Act to issue direction to O.Ps. jointly and severally to pay to the complainant a sum of Rs. 5,00,000/- received by them as advance under agreement of sale dated 10.7.1997 with interest thereon at 20 per cent per annum from the date of the agreement till payment and to pay a further sum of Rs. 10,00,000/- as liquidated damages for breach of contract committed by O.Ps. with a cost of Rs. 5,000/-.

2. The allegations made in the complaint are that O.Ps. proposed to construct a multi-storey apartment complex known as “Golden Apartments” by advertising in leading dailies. The complainant on coming to know of this, appraoched O.Ps. with an offer to buy one residential apartment in the proposed complex. After mutual discussion the complainant and O.Ps. entered into an agreement of sale dated 10.7.1997 wherein O.Ps. had agreed to sell one residential apartment with undivided share for a total sale consideration of Rs. 10,00,000/-. As on the date of the agreement the complainant paid a sum of Rs. 5,00,000/- in cash to O.P. 3 namely, Mohd. Iqbal. The receipt was issued on 14.7.1997 by O.










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