MIR QUDRATH ALI KHAN Vs. MUZAFFAR ALI KHAN

JUDGEMENT

(1.) This appeal and the cross-objections are directed against the Judgment in O.S. No. 291 of 1982 (old O.S. No. 995 of 1980) on the file of the Addl. Chief Judge, City Civil Court, Hyderabad.

(2.) The facts which give raise to these proceedings are as under: The plaintiff is an Architect. He was engaged by the defendant for construction of Shalimar Cinema Theatre, which was originally named as Pakeezah. Ex.A-1 agreement dated 7-10-1977 was executed by the plaintiff, and defendant. The material terms of the said agreement are as follows:

(3.) The defendant raised various pleas; (i) there was no agreement and there was no mutuality between the parties. The plaintiff got the terms of Ex.A-1 typed and obtained the signature of the defendant, (ii) the defendant came to know later that the plaintiff had no experience in the construction of theatre. Clause 6 in Ex.A-1 was got inserted with mala fide intention and it was unethical on the part of the plaintiff to have such a clause in Ex.A-1. (iii) the plaintiff was paid Rs. 10,000/- for the work rendered by him. It was obligatory on the part of the plaintiff to plead and to establish the actual damages suffered by him and the steps taken by Mm to mitigate the damages. There is obsolutely no pleading with reference to the above aspect and the suit is liable to be dismissed on this ground alone, (iv) The estimated cost of the defendant's theatre is only Rs.27,00,000/-. The plaintiff is not entitled to a fee of Rs. 2,00,000/- or the claim for damages cannot be a case of specific enforcement of the contract without performing the work, and (v) the suit is barred by limitation.