M PARAMESWARI Vs. R THAYUMANAVAR

JUDGEMENT

(1.) WE do not see any merit in this appeal. The complaint is laid on the ground that the opposite party failed to complete the construction within five months from the date of agreement and hand over possession. It is seen from the contentions of the parties that this is a case where evidence has to be adduced by both the parties and an elaborate inquiry has to be held since the opposite party has stated that the documents and agreement produced by the complainant are concocted and fabricated. Therefore, in such circumstances, as a decision on the dispute raised depends upon the appreciation of the contentions of the parties on the basis of materials in the shape of the deposition of the parties and the other documents, we are of the view that the lower Forum was justified in holding that the matter has to be only tried before a Civil Forum. Therefore, as the dispute between the parties has taken the form of a civil dispute the adjudication of which has to be made only after elaborate trial, it was rightly held by the lower Forum that the complaint cannot be entertained. Therefore, upholding thet decision of the lower Forum, we hold that the appeal is devoid of merits and is liable to be dismissed.

(2.) IN the result, this appeal is dismissed but in the circumstances without cost confirming the order passed by the lower Forum.