S.MOJARUDDIN @ S.MANSOOR Vs. SYNDICATE BANK

JUDGEMENT

(1.) Plaintiff lost his money claim before the trial court and therefore preferred this appeal under Sec. 96 CPC impugning the judgement dtd. 6/1/2009 of learned Additional Senior Civil Judge, Kurnool who dismissed his suit in O.S.No.288 of 2006. Respondents herein are the defendants in the suit.

(2.) Syndicate Bank intended to open SSI branch of the bank. Sri S.Mojaruddin alias S.Mansoor/ appellant owns plot nos. 1 and 2 situated in Survey Number 454/1, 453 of Kallur Village within Municipal Corporation of Kurnool which is described in the plaint schedule. It is undisputed that plaintiff expressed his readiness to construct a building in his plaint schedule open site and the bank agreed to take it on lease. Accordingly, Sri S.Mojaruddin/ plaintiff/ appellant commenced certain works in his plaint schedule vacant site and thereafter the works were stopped allegedly at the behest of the officers of the responding bank. It is in the context of these facts the controversy erupted between the parties

(3.) In the plaint filled by this appellant he refers to two letters addressed by the defendants (Ex.A1 dtd. 24/3/2005 and Ex.A2 dtd. 26/4/2005). It is pleaded that since by these letters he was requested by the defendant bank to commence the construction of the building, he started construction work in the month of May, 2005. He continued the work till the end of October, 2005. Thereafter, the defendants called upon him to express their inability to open their branch in the building that was proposed to be constructed by the plaintiff on the plaint schedule site. Till the end of May, 2006, the defendants did not ask him to resume the work. It is further pleaded that between May, 2005 and October, 2005 plaintiff consulted an architect, got the soil excavated by digging it up to the depth of six feet. He dug a bore well and installed an electric submersible motor in the plaint schedule site. He stocked materials like sand, cement, iron and stone for the purpose of construction of the building. He gave details of the expenditure incurred by him.