1. The Plaintiff has sued for specific performance of the agreement between the Plaintiff and the defendant society dated 18th January, 1985 and for declaration that the termination of the agreement dated 21st January, 1992 is illegal. The Plaintiff has also sued for damages of Rs.1,83,07,410/- in the alternative to the relief of specific performance. The Plaintiff was appointed the builder / contractor to construct the buildings of defendant society under the agreement dated 18th January, 1985. The Plaintiff put up certain plinth work. The Plaintiff has also put up certain pillars. Thereafter no construction has been put up by the Plaintiff. The defendant society terminated the contract. The defendant gave it to another contractor. That contractor has completed the buildings of the defendant society.

2. The agreement between the parties and the correspondence that issued thereafter is admitted. The claim of the Plaintiff that he has put up construction other than the above is denied. Construction to the extent of the plinth and 27 pillars is also admitted. The case of specific performance is resisted under the ground that another contractor has constructed the buildings of