JUDGMENT :

The judgment and decree passed by I Additional Sub Court, Thrissur (for brevity, 'the court below') on 18.03.2005 in O.S No.128 of 1998 is assailed in the appeal on hand by the defendant in the said suit. For the sake of clarity, the parties to this appeal are referred to hereinafter as the defendant and the plaintiff in accordance with their status in the suit.

2. The suit above was filed by the plaintiff seeking realisation of money. He had raised a case that he was a Building Contractor, that he was engaged by the defendant to construct a house and allied structures as per the building plan and agreement executed by them on 07.06.1995 incorporating the terms settled among them after negotiations about the manner of constructions and it's costs, that Rs.5,000/- was given as advance towards the costs, that the construction work was to commence from the already constructed basement, that Rs.75,000/- each was agreed to be paid towards costs of construction works of the foundation as well as the terrace of the Kayyalapura, that the time fixed for completion of the work was till 30.01.1996, that the construction work commenced as per the agreed schedule could not be continued