contract was concluded, the first respondent
addressed a letter dated 7.2.l995 to the petitioner
stating that on the advice of their Architects it
is found that the amount payable for the cost of
construction was wrongly calculated and the revised
cost of construction for the said premises worked
out on the basis of built up area comes to
Rs.2,l7,49,926. It was further stated that the
petitioner was charged on the basis of the area of
the premises being 5888 sq ft which was the carpet
area and that the petitioner was liable to pay on
the basis of the area of the premises being 8526 sq
ft being the built up area and that in view of the
difference the petitioner’s liability to pay the
balance of the amount works out to Rs.67,29,538 for
the said premises on the basis that the built up
area of the premises is 8526 sq ft. The first
respondent therefore called upon the petitioner to
pay the balance of the cost of the said premises
aggregating to Rs.67,29,538 on or before l5.2.l995.
The petitioner replied to the said letter through
their advocate dated l4.3.l995 contending inter
alia that the petitioner had offered to purchase
premises ‘Bl’ for a lumpsum of Rs.l,50,20,288 and
the first respondent accepted the offer and thus
there was a concluded contract between the parties