SHAMBHU NATH DAS Vs. SAMITA GHOSH MOULIK

JUDGEMENT

(1.) I have gone through the draft judgment prepared by my learned Brother with brevity but clarity and I fully agree with His Lordship's findings and ordering portion. Still.then, I feel, I shall be failing to discharge my duty as a Member of the Bench if I do not contribute anything expressing my own words with the risk of redundancy.

(2.) Reading from both the pleadings I find that there is no dispute regarding validity and legality of the agreement dated 24th February, 1997. It is not in dispute further that the plaintiff had paid a sum of Rs. 2,50,000/- and took possession of flat in suit. It appears from the pleading that both the parties raised dispute regarding area of the flat contrary to terms of concluded contract being Ex. 1, for the agreement there was no provision for measurement of the flat agreed to be sold as sought to be raised unnecessarily by the plaintiff relying on a document being Ext. 2 on the one hand, on the other hand the defendant contended that price is to be calculated @ Rs.750/- per square feet.

(3.) In the agreement there is no such terms, so the defendant has set up different terms. Exhibit-2 on being read properly shows receipt of payment of part consideration and promise to complete deal within the time stipulated therein upon payment of balance amount. The learned Judge on an admitted fact ought not to have raised third issue regarding agreement Ex.-1 when it is non-issue.