that the plaintiff has paid Rs.11 lacs out of the agreed consideration of Rs.12,80,250/- besides incurring expenses for registration and stamp duty that too after taking loan of Rs.8 lacs from the bank. Thus I am of the view that the defendant No.1 who is a builder should be directed to deposit sum of Rs.5,00,000/- as he or his co-developer is responsible for induction of defendant No.2 in the flat. Similarly as the defendant No.2 is in possession of the flat to the detriment of the plaintiffs' interest he too need to be directed to deposit sum of Rs.5,00,000/-. In the result writ petition is partly allowed. The impugned order stands modified by directing the respondent/defendant Nos. 1 and 2 to deposit sum of Rs.5,00,000/- each in the City Civil Court as and by way of security within a period of eight weeks from today. The total amount of Rs.10,00,000/- so deposited shall be invested by the City Civil Court in a nationalized bank initially for a period for one year and to be renewed thereafter if need be. Rule made absolute in above terms.
