LAWRENCE CHRISTOPER FERNANDES Vs. ERROL F MC MAHON

JUDGEMENT

(1.) Rule, made returnable forthwith. The learned counsel for the respondent waives service. This is second round of litigation between the parties before this Court, on the point of amendment of the written statement.

(2.) The respondent/plaintiff has filed Special Civil Suit No.19/2011/A against the petitioners which is pending before the learned Senior Civil Judge at Mapusa. The case made out by the respondent is that he has made huge investment to the tune of Rs.1, 24, 66, 300/- for the construction of a project known as "Tangerine Dream" situated in survey no.121/6 of village Arpora, Bardez, Goa. That the said amount was paid towards the construction of Flat Nos. A-201, B-302, C-101, C-201, C-202, C-301, C-302, Shops/Office areas including, other constructed areas such as stilt, terrace as set out in Annexure II to the plaint (referred to as the 'suit constructed premises', in the plaint). This according to the respondent is excluding the amount of Rs.1, 00, 08, 000/- paid by the respondent towards Flat Nos. A-202, A-301, A-302, B-101, B201, B-202 and B-301.

(3.) It is contended that the petitioner no.1 avoided to transfer the title and possession of the "suit constructed premises" or to refund the amount of Rs.1, 24, 66, 300/- along with interest and has cheated the respondent. It is in these circumstances that the aforesaid suit is filed for recovery of a sum of Rs.6, 06, 74, 285/- along with interest from the petitioners.