SANGARAJ SARNAD GOUDAR Vs. NIRANJAN

JUDGEMENT

(1.) This Second Appeal is filed by the Defendant seeking to set aside the Judgment and Decree dtd. 1/1/2009 passed in Regular Appeal No.30/2005 by the Principal District Judge at Gulbarga.

(2.) The parties are referred to as per their rankings before the Trial Court for the purpose of convenience.

(3.) The Plaintiff filed a suit in O.S. No.211/1996 for recovery of a sum of Rs.98,272.00 together with interest and costs from the Defendant. It is the case of the Plaintiff that he is a Contractor and the Defendant had entrusted him the work of construction of a house in his plot bearing No.56 at Sy. No.89/1/A at Datta Nagar, Jewargi Colony, Gulbarga measuring 40x60; that the Plaintiff and the Defendant executed an agreement dtd. 27/4/1994 in this regard and the plan as per which the construction was required to be made was annexed to the Agreement; that it was specifically agreed between the plaintiff and defendant that if any extra construction or any deviation from the original agreement was made then the cost of the deviation would be paid by the defendant.