DELHI DEVELOPMENT AUTHORITY Vs. SHRI SAT BHUSHAN

JUDGEMENT

(1.) THIS second appeal has impugned the judgment and decree dated 25.7.2008 which had endorsed the finding of the trial judge dated 30.4.2007 whereby the suit of the plaintiff Sat Bhushan had been decreed in the sum of Rs. 1,50,000/ - along with interest @ 6% per annum.

(2.) THE trial judge whose findings were endorsed by the Appellate Court had examined the oral and documentary evidence including the agreement entered into between the parties which was the foundation of the claim of the plaintiff which is Ex.PW -1/1. The court had framed six issues. On the basis of the oral and documentary evidence led before it, the court held that the plaintiff is entitled to the recovery of the afforested amount. The agreement Ex. PW -1/1 and its detailed clauses had been gone into.

(3.) COUNSEL for the Appellant has further argued that Clause 10, General Condition No. 1 of the agreement Ex.PW -1/1 clearly stipulates that even if there isa fault on the part of the department, a suit for compensation and damages couldn't be filed; such a suit was not maintainable. Written statement filed by the department has been perused. Although the Defendant had relied upon Clause 10 of the agreement Ex.PW -1/1 but no specific plea had been set up that the suit of this nature was not maintainable; no specific issue on the maintainability of the suit had also been framed. The issues framed by the trial court reads as follows: