C MADHAVADAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is filed by the plaintiff in O. S. No. 432 of 1991 on the file of the Sub Court, Kozhikode. The respondents herein are the defendants in that suit. O. S. 432 of 1991 is a suit for declaration, injunction and for rendition of accounts.

(2.) THE case of the plaintiff is that he, a P. W. D. contractor, was awarded a major work by the respondents as per agreement No. SE (1) 27/82-83 dated 23. 11. 1982. The above agreement was executed by the appellant and the 2nd respondent herein. The contract work was started in right earnest but the same could not be completed due to various difficulties created by the respondents. The work site, a 'thodu' situated in Peruvayal Panchayath was running very near to the main supply pipe line to Calicut. The pipe line, due to pressure breaks very often, flooding the entire area, there by making it impossible to carry on the work at the thodu, so also payments due from the Government to the appellant were not made in time. So there was financial difficulty for the plaintiff, which resulted in delaying the mobilization of men and material. The respondents also failed in handing over the work site in time, so also the materials promised by them. The cost of materials and labour charges increased.

(3.) THE appellant therefore requested respondents 2 and 3 to increase the rate or allow the appellant to withdraw from the contract with out risk and costs. The respondents agreed to the same. But to the surprise of the appellant, his contract was terminated by the 2nd respondent by order dated 13. 1. 1986, stating that the same is at the risk and cost of the appellant. Against the above said unilateral termination, the appellant protested and requested to the 2nd respondent to return the E. M. D. After 13. 1. 1986, for more than 3 years the work was not rearranged.