CARL ESTATE PRIVATE LIMITED Vs. J N COUNTE

JUDGEMENT

(1.) THESE appeals are filed by both the parties in Special civil Suit No. 45/99 against the Judgment/decree dated 27-4-01 of the learned first Addl. Civil Judge, Senior Division, Mapusa.

(2.) THE parties hereto are hereinafter referred to in the names as they appear in the Cause title of the said Civil Suit.

(3.) THE plaintiff and the defendant entered into a written agreement styled as an agreement for construction and sale, dated 13-4-96. By virtue of this agreement the plaintiff agreed to purchase from the defendant a flat admeasuring 88 sq. mts. For a price of Rs. 5,50,000/- A sum of Rs. 4,00,000/ was paid by the plaintiff to the defendant by cheque dated 13-4-94 by way of earnest money and the balance amount of Rs. 1,50,000/- was to be paid at the time of delivery of possession of the said flat which was to be completed not later than twelve months from the date of the agreement.