BAVASONS CONSTRUCTIONS PVT. LTD. Vs. K.R. NAMBIAR

JUDGEMENT

(1.) The defendant who lost before the court below and whose counter claim was also dismissed is the appellant.

(2.) Most of the facts are not in dispute. By Ext. A1 agreement the appellant undertook to construct an apartment for the respondent herein Who is the plaintiff in the suit. The apartment was put up and when the sale deed was not being handed over to the plaintiff, after issuing notice, he instituted the suit.

(3.) The suit was resisted on several grounds. One of the grounds being that the purchaser under the agreement Ext. A1 who is the plaintiff in the suit was liable to pay the stamp duty for the apartment put up, which was newly introduced as per the amendment to Stamp Act and it was not liable to be paid by the builder.