MD. ABDUL MALEK Vs. RAFIQUL RAHMAN AND ORS.
HIGH COURT OF GAUHATI
Md. Abdul Malek
Rafiqul Rahman And Ors.
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KALYAN RAI SURANA,J. -
(1.) Heard Mr. M.H. Rajbarbhuiyan, learned counsel for the appellant. Also heard Mr. D. Choudhury, learned counsel appearing for the respondent.
(2.) By this appeal under section 96 CPC, the appellant has challenged the judgment and decree dated 22.12.2005 passed by the learned Ad-hoc Additional District Judge (FTC), Nagaon in M.S. No. 1/2002, by which the Money Suit filed by the appellant was dismissed.
(3.) The case projected by the appellant in the plaint of Money Suit No. 1/2002 is that the respondent No. 1 and the predecessor-in-interest of the respondent No. 2 had entered into a registered agreement dated 17.06.1997, by virtue of which the room measuring 8 ft x 11 ft, to be constructed on the land was let out to the appellant. By a subsequent agreement dated 03.11.1999, out of the agreed sum of advance payment of Rs. 1,30,000/- the appellant paid a sum of Rs. 75,000/- as advance to the respondent No. 1 and the predecessor-in-interest of respondent No. 2. Therefore, by filing Money Suit, the appellant had prayed for recovery of Rs. 86,375/- towards refund of the advance of Rs. 75,000/- with interest @ 18% per annum. It was stated in the plaint that as the construction was not in accordance with law with the agreement, the appellant had filed T.S. No. 93/2000 before the Court of learned Civil Judge, (Jr. Division), Nagaon seeking injunction.;
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