JUDGMENT :

GAUTAM KUMAR CHOUDHARY, J.

1. Heard, learned counsel for the parties.

2. Judgment and decree passed by Subordinate Judge-VI, Ranchi in Title Suit No. 116 of 2001 whereby and whereunder the suit of the appellant/plaintiff has been dismissed, is under challenge in the first appeal. Cross-Objection No. 04/2006 has been preferred for a decree of Rs. 2,59,30,764.00 with interest at the rate of 21% per annum.

3. Plaintiff is the land owner and the suit was filed for cancellation/termination of the development agreement dated 11.2.1999 between the Plaintiff and the Defendant. Plaintiff claimed the contract to have been discharged by way of breach on the part of the defendant who had failed to construct the building within the stipulated time and thereby violated the terms of the agreement. In view of the breach, the Defendant was entitled to get only the construction cost with respect to part construction done.

PLAINTIFF’S CASE

4. Plaintiff got the plan sanctioned for construction of a multi-storeyed commercial-cum- residential building and started construction. Agreement between