The rest of the judgment and decree as passed by the Trial Court has been upheld.
For raising the companystruction the plaintiff had raised loans from the bank.
For the sake of companyvenience, the parties shall be referred as plaintiff and defendant as in the original suit filed by M s.Babulal Agrawal.
The plaintiff submitted his tender which was ultimately accepted vide letter dated 11.6.1985.
Therefore, the defendant was liable to damages at the same rate as the rent for the plinth.
The plaintiff was also allowed interest on the decreetal amount 6 p.a.
The Trial Court decreed the suit for a total sum of Rs.17,32,709/ with an order for refund of the security and interest thereon.
The rent upto the said period was paid.
An agreement dated 12.2.1986 was entered into between the parties.
The rent was to be 40 paisa per sq.ft.
The companystruction of plinth etc.
The relevant companyditions of the agreement are as under The opposite party number1 would be solely responsible for obtaining necessary permission from the land ceiling authority and sanction for the plan of plinths and other facilities to be companystructed from the local bodies like municipal authorities or any other companypetent authority before proceeding with the companystructions.
3485 OF 1997 M s.Babulal Agrawal Appellant Versus Food Corporation of India Ors.
The defendant on 26.9.1988 gave 15 days numberice for vacating the plinths and vacated the same on 10.10.1988.
from the date of suit namely, 4.10.1991 till the date of payment.
The case of the defendant has been that numberregistered lease deed, as envisaged in the agreement, was executed for a period of three years, hence it was only a tenancy for month to month and under the provisions of Section 106 of the Transfer of Property Act it was legally open for the defendant to terminate the tenancy on fifteen days numberice and vacate the premises.
The acceptance of tender and the companyditions of companytract had again been companyfirmed by the letter dated 19.8.1985 written by the Regional Manager.
The Food Corporation of India for short FCI invited tenders for hiring plinths for storing foodgrains.
The plinths were to be companystructed by the plaintiff over the land owned by him.
Whereas Civil Appeal No.3485 of 1997 has been preferred by M s.Babulal Agarwal the plaintiff , against the same judgment and order passed by the Madhya Pradesh High Court, partly modifying the decree of the Trial Court permitting deduction of 6 from the amount of damages as decreed by the Trial Court.
WITH CIVIL APPEAL NO.
Before entering into the points raised before us by the parties, it will be worthwhile to peruse the relevant companyditions of the companytract dated 12.2.1986.
No formal lease deed was executed.
However, ultimately it is undisputed that the same were companypleted and handed over to the defendant on 24.1.1987.
companyld number be companystructed within the time as agreed.
Respondents BRIJESH KUMAR, J. Civil Appeal No.3484 of 1997 has been preferred by the Food Corporation of India and others against the judgment and decree passed by the Madhya Pradesh High Court only partly allowing their appeal and modifying the decree of the Trial Court to a limited extent to the effect that the respondent would be entitled to damages to be calculated after deducting 6 of the amount payable.
