CHANDRAN Vs. ALIAMMA GEORGE

JUDGEMENT

(1.) The suit for damages for breach of a contract was dismissed by the trial court. The plaintiff is in appeal.

(2.) The plaintiff is a timber merchant. On 6/8/1998, he entered into Ext.A1 agreement with the defendants to cut and remove trees standing in the plaint schedule property belonging to the defendants. The total consideration fixed was ? 25 lakhs. It was a term of Ext.A1 that the defendants were to obtain passes from the Forest Department to enable the removal of the trees. The claim of the labourers of the estate were also to be settled by the defendants. The plaintiff constructed a motorable road through the property for a length of 25 kilometres and expended huge amounts for the same. This was in addition to the amount expended for construction of stacking shed, arranging labourers etc. The period of the agreement was for one year from 1/9/1998. According to the plaintiff, since the defendant failed to procure the necessary passes, the agreement was further extended till 3/4/2001. The plaintiff alleges that on the failure of the defendants to obtain passes, the plaintiff was unable to remove the trees in its entirety. The plaintiff has thus suffered damages under various heads. Thus suit was filed for realisation of the same.

(3.) The defendants, while admitting Ext.A1 agreement, contended that Ext.A1 agreement had been performed in its entirety and that on such completion, on 1/10/2000, yet another agreement was entered into between the parties as Ext.B4 for removal of the trees in yet another property belonging to the defendants. They alleged suppression of such fact by the plaintiff. They prayed for dismissal of the suit.