(1.) AND ORDER (Oral) - Heard Mr. D K Misha, learned senior counsel assisted by Mr. B. Prasad, learned counsel appearing on behalf of the petitioner. Also heard Mr. P. Sharma, learned counsel appearing on behalf of the respondent.
(2.) The present petitioner is the defendant in Title Suit No. 195/1998 filed by the plaintiff/respondent. The plaintiff/respondent filed Title Suit No. 195/1998 in the court of Civil Judge No. 1, Guwahati against the present defendant/petitioner for specific performance of the contract entered by them vide agreement dated 25.08.1992 (exhibit-1). In the said suit following were the reliefs prayed for by the plaintiff/respondent:
(3.) The trial court vide judgment and decree dated 26.09.2005 partially decreed the suit. The said judgment and decree of the trial court was challenged by the defendant/petitioner in RFA 38/2006 in the High Court. The said First Appellate Court vide judgment and decree dated 01.09.2015 set aside the judgment and decree passed by the trial court and remanded the same to the trial court to decide an issue framed by it and pass the judgment afresh. In the said First Appeal, this Court held that the plaintiff/respondent is entitled to get 12,172 square feet built up area including the common area as per agreement dated 25.08.1992. It was further held that the plaintiff/respondent was entitled for the specific performance of Clause 1(i), (ii), (iii) of the agreement dated 25.08.1992. After holding as such, this Court as First Appellate Court remanded the matter to the trial court to decide as to what extent of total built up area including common area was handed over to the plaintiff/respondent and how much balance built up area including common area is to be handed over to the plaintiff/respondent on the 8th floor of the building.