CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE T.M.NADAF

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

I PREFACE:

1. The present Regular First Appeal has been filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 against the judgment and decree dated 16.02.2018 passed in O.S.No.2291/2006 by the 1st Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru.

2. The appellant/plaintiff has filed the aforesaid suit against the defendants for the relief of specific performance of the terms of the agreement of sale dated 12.01.2005 with a direction to the defendant Nos.1 to 10 to execute the registered sale deed in respect of the suit 'B' schedule property and also to deliver possession of the said property in his favour and in the alternative, for award of damages to the tune of Rs.60,77,750/- and for refund of advance sale consideration of Rs.25,00,000/- with interest @24% p.a. from the date of the suit till complete realisation.

3. The Trial Court has allowed the suit in part and held that the plaintiff would be entitled to recover from the defendant Nos.1 to 6, the advance sale consideration of Rs.25,00,000/- with interest at