DEVENDER SUMRA Vs. SATBIR SINGH

JUDGEMENT

(1.) Defendant is in second appeal, as he is aggrieved by the judgment and decree dated 31.12.2002 passed by learned Additional District Judge, Sirmour District at Nahan in Civil Appeal No. 73 -N/13 of 2001, whereby learned lower appellate Court has affirmed the judgment and decree dated 28.8.2001 passed by learned Senior Sub Judge, Sirmour in Civil Suit No. 158/1 of 2000/99 and dismissed the appeal.

(2.) The plaintiff admittedly is owner in possession of land bearing Khasra No. 938/3 and 1031/1 measuring 191.45 square meters situated in mauza Naya Bazar, Nahan. The land is sloppy and as he had to raise construction of house thereon, defendant happens to came in his contact and introduced him to be a Government contractor and expert in construction of buildings. The plaintiff asked him to raise construction of double storeyed house over the suit land. Cutting work of the land and removal of debris was also to be executed by the defendant. The work was agreed to be executed in a sum of Rs. 5,50,000/ - and the date of completion, 15.5.1999.

(3.) The plaintiff released payments to the defendant on various dates through cheques and also in cash and as on 26.4.1999 made the payment of a sum of Rs. 1,77,000/ - to him. Against the amount so received by the defendant, he has executed the work costing Rs. 19,112/ -. The plaintiff, therefore, has sought the decree for recovery of Rs. 1,57,887/ - against the defendant and also damages to the tune of Rs. 40,000/ - together with interest @ 18% per annum.