NISHAYI M P Vs. M PRABHU

JUDGEMENT

(1.) Aggrieved by the order of remand passed by the lower appellate court in a suit for realisation of money, the plaintiffs have preferred this appeal.

(2.) Heard the learned counsel for the appellants and respondent.

(3.) Admitted facts are as follows:Respondent/defendant, who is a contractor, undertook the work of house construction for the plaintiffs. They entered into an agreement on 17.11.2008. The rates were discussed and agreement was to complete the construction work before 31.12.2009. Both the parties understood nature of the work and the defendant agreed to execute a contract in writing. Plaintiffs would contend that though a draft construction agreement was handed over by the 2nd plaintiff, the defendant failed to execute the written agreement. Fact remains that no written agreement exists in connection with the building construction. It is alleged by the plaintiffs that they had made periodical payments to the defendant and they were acknowledged by him on a note book. But, the defendant failed to complete the agreed work and committed a breach of agreement. After finishing the first floor RCC roof on 30.07.2010, he left the work. Even after 1' months the defendant did not turn up and the plaintiffs sent him a detailed statement of measurement. Though the defendant received a registered notice, he did not care to respond. According to the plaintiffs, they paid an excess amount of Rs 60,089/- to the defendant. The suit is for realisation of the amount.