STATE OF KERALA Vs. M.P. MADANAGOPALAN

JUDGEMENT

(1.) The State of Kerala-3rd defendant in a suit for realisation of money is the appellant. The claim for money emerges under a work contract. The head of claim is mainly 'escalation of price of materials'.

(2.) The plaintiff is a contractor. He entered into an agreement with the defendants for construction of a shopping complex cum community hall. Ext.B1 is the works contract dated 21.11.1995, entered into by the plaintiff. The period for completion of the construction was 15 months from the date of handing over of the site. It is not in dispute that the site was handed over only on 29.3.1996. The work is completed only in the year 1999. According to the plaintiff, the delay in completion of the work was due to reasons beyond his control and was caused by the action or inaction of the defendants.

(3.) The trial court found that the delay in completion of the work was caused at the hands of the defendants. The court substantially allowed the claim of the plaintiff. Hence this appeal.