GOLAM HUSSAIN Vs. RAJESH SAHA

JUDGEMENT

(1.) THIS application is at the instance of the respondent and is directed against the order dated March 1, 2013 passed by the learned Additional District Judge, Sealdah in Misc. Appeal No.16 of 2013 thereby disposing of an application for stay.

(2.) HAVING heard the learned Advocates of both the sides and on perusal of the materials on record, I find that there is a dispute between the owner of the land and the developer. By virtue of an agreement, the developer/respondent started construction on the land of the appellant. But, a dispute arose as to payment. According to the owner of the land, he paid a sum of Rs.4,30,000/- to the developer/respondent whereas the work had been done by the developer to the tune of Rs.1.5 lakh only. Such an assessment had been done by a certified engineer at the instance of the appellant.

(3.) MR . Shahjahan Hossain, learned Advocate appearing for the opposite party has referred to the provisions of Sections 35, 14 & 16 of the Specific Relief Act. He has also referred to the decision of AIR 1988 Delhi 162 relating to the provision of Section 42 of the Specific Relief Act on negative covenant etc., 1986 (2) Current Civil Cases 633 relating to grant of injunction and AIR 1993 Orisa 78 on an application under Order 39 Rule 1 and 2 when to be entertained ex parte.