SANT SINGH Vs. K.G. RINGSHIA

JUDGEMENT

(1.) The plaintiff claims a declaration in this suit, that the letter dated 20th November, 1984, by the defendant (hereafter "the impugned letter"; intimating about cancellation of a previous agreement between the parties, in respect of sale of a flat in Bombay- now Mumbai) is illegal and void, and that the agreement between the parties, dated 10th November, 1979 subsists and binds them.

(2.) Briefly, the facts are that the plaintiff had entered into an agreement on 10.11.1979 with the defendant whereby a flat in the multi-storeyed building "ADITYA" to be constructed at Chakla Village, Andheri (East), Bombay by the defendant was agreed to be delivered to him on construction, for which he had paid a sum of Rs. 5,499/- to the latter. The plaintiff contends that though a number of years elapsed, and he came to know that construction of the building had started, nothing was heard from the defendant. The plaintiff alleges that he changed his residence, and intimated this to the defendant on 13.01.1982; the letter also queried about when the building work was to commence.

(3.) In August, 1984 by means of registered letter sent to the defendant the plaintiff complained about the delay caused in the construction and inquired when the flat was likely to be completed and handed over to him and he offered to make further payments, immediately on demand. This was followed by reminder letter dated 27.10.1984 sent by Registered A.D; the letter again reiterated about the plaintiff"s change of address. Receiving no response, the plaintiff sent a telegram on 05.12.1984, about the issue, mentioning about the previous letter and reminder, and asking about progress of the project. The plaintiff states having received a reply dated 20.11.1984, whereby he was informed that the amount of Rs. 5499/- paid by him at the time of signing of the agreement had been refunded through Shri Harnam Singh (described in the suit at some places as his son, and at other, as his brother-inlaw) who had collected the amount under his (the plaintiff"s) instructions in the presence of his broker Mr. Anjani Mishra; and now there was no agreement subsisting between the parties. The letter also alleged that the agreement dated 10.11.1979 had been mutually cancelled. It is alleged that though dated 20th, the letter had been despatched from Bombay on 28th November, 1984.