ORAL JUDGMENT

This appeal is filed by the legal representatives of the original plaintiff, aggrieved by the judgment and decree dated 21.04.2011 passed in R.A.No.133/2008 by the Presiding Officer, Fast Track Court-V, Bengaluru Rural District, Bengaluru (for short, 'the first Appellate Court), whereby the appeal came to be dismissed confirming the judgment and decree dated 26.11.2008 passed in O.S.No.467/1997 by the Additional II Civil Judge (Jr.Dvn.), Bengaluru Rural District, Bengaluru (for short, 'the trial Court').

2. Parties are referred to as per the ranking before the trial Court.

3. Brief facts of the case are as under:The original plaintiff filed a suit for specific performance of contract and in the alternative, for refund of advance sale consideration amount paid by the plaintiff to defendant Nos.1 to 3. As agreement of sale was executed by Late D.Nanjundappa, who is none other than the father of defendant Nos.1 to 3 on 05.05.1993. On execution of the same, the sale consideration amount was fixed at Rs.37,000/- and the plaintiff paid a sum of Rs.18,000/- as advance sale consideration amount to Late D.Nanjundappa, father of defendant Nos.1 to 3 and the plaintiff was put in po