STATE OF KERALA Vs. T E MOHAMMED KUNJU

JUDGEMENT

(1.) Defendants are the appellants. The suit O.S.No.286 of 1989 was filed by the plaintiff, the respondent herein, for realisation of damages. The plaintiff/respondent had entered into a contract with the Government of Kerala in respect of the work of construction of building for Regional Chemical Examiners Laboratory at Thrikkakara No.41/SECCA/82-83.

(2.) In the written statement filed by the 2nd defendant, they denied the plaint claim. Further according to them, the final bill was accepted by the plaintiff in full and final settlement of all amounts due to him under the contract, and therefore he is estopped from making any claim whatsoever, including any damages. It was also their case that even after taking charge of the site, the plaintiff could not do any work. Structural design was received by him in September, 1983.

(3.) The court below framed necessary issues including as to whether the defendants committed breach of contract as contended by the plaintiff, and whether the plaintiff is entitled to any compensation.