AVDHOOT AUTO ENTERPRISES Vs. BHARUCH MUNICIPALITY, BHARUCH

JUDGEMENT

(1.) These two appeals are directed against the common judgment and order dated 9.12.1996 of the learned 2nd Jt. Civil Judge (S.D.), Bharuch in Special Civil Suit Nos. 81/90 and 82/90 dismissing the suits. The appellant-plaintiff and others had sued the respondent Municipality seeking a direction that the Municipality should complete the construction of the shop in question and hand over the same to the plaintiffs after getting title over the land on which the building was constructed cleared and getting requisite permission of the State Government and for damages on the basis of 21% interest per annum for the period from 21.6.1988 upto 20.2.1990 on the amount which was paid by the plaintiff-appellants. The appellant of First Appeal No. 4420/97 had, on this basis, claimed damages to the tune of Rs. 1,59,203.00 in Special Civil Suit No. 81/ 90 whereas in Special Civil Suit No. 82/ 90, the plaintiff-appellant of First Appeal No. 4421/97 had claimed damages of Rs. 76,000.00.

(2.) The Trial Court, on the basis of the evidence on record, came to a finding that the plaintiff-appellants failed to prove that any assurance was given at the public auction to the bidders to the effect that at the time of handing over the possession of the shop, the title of the land on which the building was constructed, would be got cleared. It was also held that the time was not the essence of the contract. On the issue of damages, the Court held that the appellants were not entitled to any damages.

(3.) xxx xxx xxx.