ABHILASAHA SARKAR Vs. J. SANJAY ARYA

JUDGEMENT

(1.) The plaintiff, who had partially succeeded in the suit for recovery of money due under the construction contract, is the appellant. The suit was filed for recovery of sum of Rs.6,04,312.24 with interest on 5,61,142.74 alleged to be due towards the cost construction made by the plaintiff for the defendant. According to the plaintiff, the defendant had engaged the plaintiff for constructing a commercial cum residential building in the land belonging to the defendant situated at Door No.6, Gulam Abbas Alikhan 7th Street, Thousand lights, Chennai-6. An agreement was entered into between the parties on 02.02.1998 setting out various caluses that would govern the relationship between the parties. The construction was completed and the plaintiff raised a final bill dated 27.03.1989, under which, he claimed a sum of Rs.5,47,669.26 as outstanding, from the defendant towards the cost of construction. Thereafter, a revised bill was also prepared on 24.06.1989 under Ex.A.3. Under the said revised bill, the claim was enhanced to Rs.5,61,142.74. Since the defendant did not pay the amount claimed under the revised bill dated 24.06.1989, the suit came to be filed.

(2.) The defendant resisted the said suit contenting that there is no formal agreement between the parties. It was also contended that since the father of the plaintiff and the father of the defendant were friends, he had entrusted the construction of the building with the plaintiff. According to the defendant, he agreed to pay a sum of Rs.180.00per sq.ft. and the total extent of construction was only 10,000 sq.ft. The surveyor engaged by him has fixed the value of the building constructed by the plaintiff at Rs.18,80,000.00. Therefore, the plaintiff's claim is unfounded. The defendant filed a counter claim to the tune of Rs.5,92,325.53. The counter claim was resisted by the plaintiff on the above pleadings.

(3.) The learned III Additional City Civil Judge, Chennai has framed the following issues :-