STATE Vs. K BHASKARAN

JUDGEMENT

(1.) This is an appeal by the State. The trial court granted a decree for Rs. 11,480/- as damages for breach of contract.

(2.) Plaintiff is a contractor. He entered into a contract with the Government. His tender for the contract work was accepted on 24-6-1972. The contract was for execution of five items of work for flood control in Vamanapuram River. The contract was signed on 4-7-1982. Plaintiff deposited Rs. 6,600/- by way of security. The total amount of the contract was Rs. 1,64,300/- over and above the cost of materials.

(3.) The agreement provided that the Government has to supply the materials. Ext. B1 gives the details of the work to be done. The time fixed for the completion of the work was before 30-9-1972. Plaintiff states that the Government was bound to supply the required quantity of cement to the plaintiff. Admittedly the work was not commenced. It is the case of the plaintiff that he was not able to commence the work since the Government did not supply the required cement.