JUDGMENT :

Leave granted.

2. The appellant filed Title Suit No.195 of 1998 before the Civil Judge (Senior Division) No.1 at Guwahati praying for specific performance of the instrument dated 25.8.1992 between the appellant and the respondent.

3. The dispute is only on a narrow compass. As per paragraph (1) of the aforesaid agreement, half of the built up area on the ground floor of the proposed North Block of the complex as per the drawing No.GBA/891/03A dated 14.12.1990 and half of the built up area on the mezzanine floor of the same building and complete built up area on the first floor in the same building, were liable to be handed over to the appellant. On a dispute as to what is the built up area, the appellant filed the civil suit. The suit was decreed. Aggrieved by the same, the respondent-defendant filed first appeal before the High Court. The following points for determination were found to arise in the first appeal :

(i) Whether the parties had entered into agreement knowing that 'built up area' as mentioned in Ext.1 agreement includes the common area?

(ii) Whether the plaintiff is entitled to specific performance as claimed?

(iii) Whether plaintiff is entitled to a money decree