MANGATURAM PRAJAPATI Vs. RAMESH KUMAR VISHNOI

JUDGEMENT

(1.) The appellant has preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 31-1-2014 passed by 2nd Additional District Judge, Baloda Bazar - Bhatapara (CG) in Civil Suit No. 9-B of 2013 wherein the said court decreed the suit filed by the respondent/plaintiff partially to the tune of Rs.1,42,800/- and allowed counter claim of the appellant/defendant to the tune of Rs.17,840/-.

(2.) Respondent/Plaintiff instituted a suit for recovery of Rs.2,50,000/- before the trial court on 16-9-2012. The respondent/plaintiff is owner of a land measuring 1200 sq.ft., situated at Vaishnav Colony, Baloda Bazar. The appellant/defendant is a civil contractor and performing his profession at Balodabazar. On 9-2-2010 both parties entered into an agreement for raising construction over the above mentioned land. According to agreement it is settled between the parties that the defendant/appellant will charge Rs.550/- per sq.ft., for erection of ground floor and Rs.500/- per sq.ft., for erection of first and second floor respectively. The total cost of construction was Rs.18,60,000/- but the appellant/defendant took extra Rs.3,20,000/-. A notice was served to appellant and thereafter a suit was filed. In the said suit, appellant/defendant filed counter claim to the tune of Rs.17,840/- but the trial court decreed the suit as mentioned above. As per appellant, decree of the appellant is contrary to the fact and legal aspect of the matter.

(3.) Learned counsel for the appellant submits as under.