ABDULKHADER K. Vs. STATE

JUDGEMENT

(1.) Plaintiff in a Suit for money, is the appellant.

(2.) Plaintiff is a contractor, who entered into a contract with the Government on 13-10-1981 for the work in connection with the Kuttiyadi Irrigation Project - Improvements to Mokeri - Kayakkodi Road from 0/00 kms. to 4/700 Kms. The total cost of the work was Rs. 4,87,582/-. The work was to be completed on or before 16-4-1982 i. e. within five months from the date of the site was handed over. The work could not be completed within the stipulated period. There was extension of time for completion of the work till 30-9-1982, and within that date also, the work could not be completed. After that, by issuing Ext. A10 dated 19-2-1984, the plaintiff terminated the contract on various allegations. It was inter alia stated that the Government was not interested in the execution of the balance work under the contract, which amounted to unlawful repudiation of the contract, and that the plaintiff was treating the contract as repudiated by the Government. Then by issuing the proceedings dated 16-6-1984, the Superintending Engineer, P. W. D. Project Circle, Calicut terminated the contract, saying;

(3.) According to the plaintiff, the Government has committed breach of contract, entitling him to terminate the contract and also claiming damages. But according to the government, it was the plaintiff who committed breach of the contract and the contract was rightly terminated by the Government and security deposit forfeited.