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N.CHAUDHURY
M. Apartment Pvt. Ltd. – Appellant
Versus
Rathindranath Sharma – Respondent


Advocate Appeared:
For the Appellant :K. Khurana, Advocate.
For the Respondents:S. Sattar and Mukhit, Advocates.

JUDGMENT AND ORDER

N. Chaudhury, J.

In this first appeal, defendants of Title Suit No. 278 of 2002 have challenged the Judgment and Decree dated 15.12.2008 passed therein by the learned Civil Judge No.1 Kamrup, Guwahati. By that judgment, the learned trial court has decreed the suit of the plaintiff in entirety for recovery of Rs. 5,24,724/- from the defendants. Essential facts involved in the suit are required to be stated first.

2. One Dr. Rathindra Nath Sharma as plaintiff instituted Title Suit No. 278 of 2002 in the court of learned Civil Judge, No.1, Kamrup on 21.11.2002 for declaration and specific performance of contract. Pleaded case of the plaintiff is that he being the owner in possession of a plot of land measuring 1 Bigha covered by Dag No. 584 of K.P. Pata 79 of Village-Japorigog under Mouza Beltola described in schedule A to the plaint, entered into written agreement with the defendants on 24.2.1997 whereby it was agreed upon between the parties that a multi-storied building as per enclosed plan and design prepared by an approved architect and sanctioned by appropriate authorities like GMC and GMDA would be constructed on the land in question as per terms and conditions

























































































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