PARMANAND BHATT Vs. RAMAYAN KUSHWAHA

JUDGEMENT

(1.) Having heard learned counsels of either party, the Court feels that the whole controversy has been determined by the Court below while adjudicating the issue nos.1, 2 and 3 collectively.

(2.) Since those issues have covered the whole dispute between the parties and have altogether been adjudicated in favour of the plaintiff directing the defendant to pay Rupees Fifty Thousand along with 9.5 percent simple interest per annum from the date of judgment to that of actual payment. Having perused the pleadings as well as the impugned judgment, it is evident that the defendant/appellant is the owner of the house, wherefor the contract for construction was granted to the plaintiff/respondent. The terms and conditions of the agreement between the parties were reduced into writing which advert that the appellant will pay the whole cost of construction in four installments whereas the rate of laying down the linter on the constructed area will be Rupees Two Hundred and Fifty per square feet. It was also indicated that the money spent by the contractor towards the electric fittings and installing the grills will be paid separately. The whole terms were reduced into seven points, even though the Court feels that the same was not unequivocal.

(3.) The contractor started to work and after doing the considerable construction at the site, the dispute erupted on sundry scores, as regards the quality of the construction material, besides measurement of the constructed area. So, the contractor stopped the work and thereafter, the house owner, after spending wherewithal at his own, got his construction completed in order to make the house meaningful. The contractor filed original suit in the capacity as In Forma Pauperis, which has been decreed for the amount of Rs. 50,000/-.