JUDGMENT

Defendant in O.S.No.9536/2004 on the file of 11th Additional City Civil Judge, Bengaluru (CCH No.8) has filed this appeal challenging the judgment and decree passed dated 10.01.2011 in the said case.

2. The parties herein are referred as per their ranking before the Trial Court for the sake of convenience.

3. It was the case of Plaintiff/Respondent No.1 herein that suit property bearing Site No.127 formed by BDA was allotted to defendant by its allotment No.BBA.ADM/BS-2-127-BSK/3/2000-01 dated 12.09.2000 and it appears BDA had to execute the Sale Deed in her favour in due course, after payment of all the amount. The defendant had offered to sell the said property to the plaintiff for sale consideration of Rs.1,30,000/-. The plaintiff agreed to purchase the same; Accordingly, defendant had executed an agreement of sale dated

24.01.2002 agreeing to sell the suit property in favour of Plaintiff immediately after execution of absolute sale deed in her favour by the BDA: and received Rs.35,000/- as earnest money on the date of agreement of sale.

4. After execution of the agreement of sale, from time to time, defendant had received part of the earnest money as follows: