SANJAY PALIWAL Vs. ALOK GOYAL

JUDGEMENT

(1.) Instant Civil First Appeal under Section 96 of the Code of Civil Procedure has been filed by the defendant appellant feeling aggrieved by the judgment and decree dated 23rd January, 2017 passed by the learned Additional District Judge No.17, Jaipur Metropolitan (hereinafter referred to as 'the trial court') whereby the learned trial court decreed the suit of the plaintiff respondent for recovery of money.

(2.) In the aforesaid suit, it is mentioned that the defendant approached the plaintiff for structural work of a multi storied building on his plot bearing No. S-54 B, Arvind Marg, C-Scheme, Jaipur for which both the parties agreed on the terms and conditions of the agreement. A contract was executed between the parties on 1st May, 2012.

(3.) As per the contract, the plaintiff was to construct a structure on the first, second, third and partially on the fourth floor with RCC columns, beams and roof and the said work was to be completed by 31st August, 2012 i.e. within four months from the date of the agreement. In the plaint, it was alleged by the plaintiff that the defendant had neither given maps of the building to be constructed within the time nor proper cooperation was extended by him, despite that the plaintiff had completed the work within time and submitted his final bill on 18th February, 2013 for Rs.2,76,168/- which was not paid. It is further alleged in the plaint that the goods of the plaintiff, like construction machinery and other articles of shuttering amounting to Rs.82,500/- are also lying at the site in respect of which too, the plaintiff is entitled to get a decree. It was, thus, prayed in the plaint that the suit of the plaintiff be decreed for Rs.2,76,168/- and Rs. 82,500/- respectively.