NARBADESHWAR PRASAD Vs. RAM KISHORE MISHRA

JUDGEMENT

(1.) The present writ application under Article 227 of the Constitution of India has been filed by the petitioner for setting aside the order dated 13.04.2007 passed by the Subordinate Judge-IV, Ranchi in Title Suit No. 77/2000 whereby the petition filed by the present petitioner under Order XIV Rule 1 and 2 of the Code of Civil Procedure, was dismissed.

(2.) Heard counsel for the parties.

(3.) The case of the plaintiff/petitioner is that he had entered into an agreement with the Respondent No. 1 namely the Secretary, Pandra Sahkari Grih Nirman Samiti Ltd., Ranchi under which, the Secretary had agreed to allot a house situtated at Mauza Lalit Gram, Kathitanr, Ratu to the petitioner for a total consideration amount of Rs. 3,25,000/-. The petitioner paid a total sum of Rs. 26,200/- as advance of the stipulated consideration amount and obtained possession of the allotted house from the Respondent No. 1. The rest of the settled consideration amount was to be paid by the plaintiff/ petitioner in equal monthly installments.