S N RAMACHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a plaintiff's appeal. He filed the suit against the defendants, State of Karnataka, the Chief Engineer, National Highways and the Executive Engineer, P.W.D., Chitradurga, to recover a sum of Rs. 26,728.61 p. with costs and future interest.

(2.) The plaintiff alleged in his plaint that he is an Engineering Graduate and a contractor. He obtained contract. from respondent 3 to execute the work in improvements to Geometrics between the miles 102/4 to 103i 4 on the National Highway between Bangalore and Poona. He filed a statement of the claims in respect of the work in improvement of Geometrics between the miles 102/4 to 103/4 (it should be read as kilo meters and not miles) and all the defendants failed to pay the amounts within reasonable tune and therefore he has to get a sum of Rs. 23,654.61 p. in all. He issued notice under S. 80 of the C. P. C. and thereafter presented the suit.

(3.) Defendants while admitting some of the averments of the plaintiff denied that execution of the work undertaken by the plaintiff was due to any impediment placed by the Department on him. The defendants further averred that a sum of Rs. 159,84 p. was paid pursuant to the decree passed in O.S.No. 93 of 1977 on the file of the Munsiff's Court which claim was relatable to the so called security deposit. Another suit was filed for recovery of Rs. 10,000/- in O.S.No. 18 of 1979 and proper defence is said to have been filed by the Department in that suit. Due to the default of the plaintiff in the execution of work as per the terms of the contract, the payment of money was withheld. They also denied regarding the short measurement of the earth work and plaintiff's objection for the preparation of the bills at the proper time. It was also denied that the plaintiff was entitled to get Rs. 23,654.61 p. It was further denied that the measurement books were erased and tampered with by the Department Engineers etc.