respondent/defendant to cancel the booking and return the amounts received by it in the event of default in either repayment of the loan or any other default by the borrower. As per Clause 4 of the Tripartite Agreement, in the event of the 2nd respondent/defendant cancelling the booking or shelving the project or for any other reason whatsoever, it shall repay the entire amount received on behalf of the 1st respondent/defendant. Therefore, the 1st respondent/defendant as the borrower and the 2nd respondent/defendant as builder are jointly and severally liable to pay the sums due under the above loans. However, the respondents/defendants have not repaid the amount received towards the construction of the schedule property. 6. It is further submitted that the land in which the flat comprised in the schedule property was proposed to be constructed, belongs to one Mr.C.John Samual who has given a power of attorney dated 22.08.2013, registered as Document No.513/2013-14 in the office of the Sub-Registrar of Indira Nagar, Bengaluru in favour of the 2nd respondent/defendant for the purpose of joint development. The 2nd respondent/defendant also entered into a Joint Development Agreement dated 22.08.2013, registered as Document No.4256/2013-14, in the office of the Sub-Registrar of Indira Nagar, Bengaluru with the said Mr. C. John Samuel. The 2nd respondent/defendant is authorized to sell undivided shares in the land, execute agreements for sale, receive sale consideration and execute sale deeds in favour of purchasers of the flat on the strength of the aforesaid
