2013 Supreme(Gau) 704
IN THE HIGH COURT OF GAUHATI
Anima Hazarika, J.
Life Insurance Corporation of India - Appellants
Vs.
Hafizuddin Ahmed - Respondent
R.F.A. No. 52 of 2001
Decided On: 29.08.2013
For Appellant/Petitioner/Plaintiff: B.R. Dey, Sr. Adv., K.K. Nandi, S. Das Choudhury, D. Choudhury, B. Sarkar and A. Paul
For Respondents/Defendant: A. Sattar, M. Kumari, Y Arafat and B. Islam
Headnote:
Code of Civil Procedure, 1908 – Order VII, Rule 11(a) – Title– Specific performance of contract – Appellants herein are the defendants in Title Suit No. 50/1999 on the file of the learned Assistant District Judge (Senior Division), Morigaon, have assailed the judgment and decree whereunder the learned trial Court decreed the suit, directing the defendants to perform the specific performance of contract by taking the building of the plaintiff on lease in terms of Ext. 1 and on failure to do so shall pay a compensation amounting to Rs. 5,96,230/- only in terms of details given in the schedule a to I of the plaint for wrongful breach of contract along with interest @ 18% per annum from the date of filing of the suit till the date of realization of the decretal amount. – Held, Actions of the defendants/appellants the plaintiff has incurred loss by way of huge expenditure in completing the building as per requirement of the letter for accommodation for office purpose and thereby incurred loss as shown in details at a to i of the schedule of the plaint. – Admittedly Ext. Ka, Ext. I and Ext. Kha makes it clear that every transaction between the parties is to be recognised as a contract, in its ultimate analysis resolved itself into a proposal and its absolute and unqualified acceptance. – In the instant case there is a proposal and acceptance and accordingly the plaintiff has completed the building as per requirement of the defendants/appellant after spending huge amount in order to put the building on lease. – However, the defendants rescinded the contract putting the plaintiff on loss and therefore the plaintiff is entitled to a decree for compensation as has been rightly held by the learned trial Court. – Appeal Partly Allowed
Anima Hazarika, J.
1. The appellants herein are the defendants in Title Suit No. 50/1999 on the file of the learned Assistant District Judge (Senior Division), Morigaon, have assailed the judgment and decree dated 07.02.2001, whereby and whereunder the learned trial Court decreed the suit, directing the defendants to perform the specific performance of contract by taking the building of the plaintiff on lease in terms of Ext. 1 dated 05.10.1998 and on failure to do so shall pay a compensation amounting to Rs. 5,96,230/- (Rupees five lakhs ninety-six thousand two hundred and thirty) only in terms of details given in the schedule 'a' to 'I' of the plaint for wrongful breach of contract along with interest @ 18% per annum from the date of filing of the suit till the date of realization of the decretal amount. Heard Mr. B.R. Dey, learned senior counsel assisted by Mr. K.K. Nandi. Also heard Mr. A, Sattar, learned counsel appearing on behalf of the respondent.
2. In order to adjudicate the matter both effectually and completely, it would be proper to appreciate the pleadings of the parties, their respective claims and counter-claim alongwith the documents exhibited and proved during the trial and the argument advanced in the instant appeal on behalf of the parties.
3. The respondent herein as plaintiff brought a suit being Title Suit No. 50 of 1999 in the Court of the learned Additional District Judge, (Sr. Divn.) Morigaon against the defendants seeking the following reliefs ;--
(a) A declaration that the defendants are required to perform their part of contract by taking the building on lease as per the terms mentioned in their letter dated 05.10.98;
(b) A declaration that the rescission/reverting back of the defendant from their commitment to take the building on lease is highly illegal and wrongful as the plaintiff has spent a huge amount in performing his part of the contract;
(c) A decree for Rs. 6,12,790/- as compensation for such wrongful breach of contract as per details given in the schedule in case the defendants fail to take the building on lease;
(d) interest @ 18% per annum from the date of filing of the suit till the date of realization of the decretal amount;
(e) cost of the suit;
(f) Any other relief or reliefs to which the plaintiff may be deemed entitled to in law and equity.
4. The basis of claiming the reliefs in the suit is that the plaintiff owns an RCC building situated at ward No. 4 of Morigaon town whereof the defendants are carrying on their business at Morigaon and in order to expand their business they require a new accommodation wherefor the defendant Nos. 2 and 3 visited the plaintiffs' building and on being satisfied with the accommodation, the defendants requested the plaintiff to make an offer of the building which the plaintiff did on 03.07.1998 and in consequence thereof the defendant No. 3 after formal discussion with the high-ups including the plaintiff and after taking approval on the offer of the plaintiff for leasing out the building accepted the offer by letter dated 05.10.1998 on certain terms and condition such as that the floor area shall be 3383-sq. ft. with the rate of rent @ Rs. 2.50/- per Sq. Ft. and the period of lease shall be 3 (three) years from the date of occupation. Apart from that the plaintiff shall have to provide an additional space of about 1000/1500 sq. ft. by its generation in the same building positively within 2 months. The said communication dated 05.10.1998 has further stipulated that the plaintiff would provide 24 hours running water, shed for two-wheelers, provision for parking space, sanitation, etc. including power connection of 25 KVA capacity in the building agreed to take on lease. The plaintiff in order to make the building fit for office purposes and in terms of specification has to change and alter the inner walls of various rooms by demolishing the existing walls to facilitate space for all modern amenities such as place for Air Conditioner, Printer and moni