R C THAKKAR Vs. BOMBAY HOUSING BOARD

JUDGEMENT

(1.) The appellant in this appeal is a partnership firm which does the work of building contractors. The respondent is the Gujarat Housing Board (Which is hereinafter referred to as ' the Board') and which is the successor to Bombay Housing Board, against which this suit was originally filed by the appellant to recover the total amount of Rs. 2,46,641.06 with costs and interest. The suit was initially filed by the appellant in the court of Civil Judge, Senior Division, Ahmedabad. Where it was registered as Jurisdiction suit No.65 of 1959. After the formation of the City Civil Court at Ahmedabad, it was transferred to the court where it was registered as Civil Suit No. 295 of 1961.

(2.) The dispute between the parties relates to two contracts taken by the appellant form the respondent in the year 1956 for the construction of 250 and 176 tenements for industrial labour in Ahmedabad at Mithipur Khokhra Mehmedabad.

(3.) The record of the case reveals that the respondent Board had under taken 5 projects for constructing residential tenements for industrial labour at Ahmedabad. All the relevant details of these 5 projects are shown by the learned trail Judge in his judgment in a tabular form. Two of these projects were at Malek Shaban or Bapunagar one at Mithipur, another one at Mithi pur Khokhra Mehmedabad, and one at Asarwa all situate in Ahmedabad. For the purpose of suit contracts we concerned with the 4th project at Mithipur --Khokhra -- Mehmedabad area. This project was for the construction of 784 tenements and technical sanction thereof was obtained in he month of August, bad project of 784 tenements was divided into four groups. Out of these four groups, we are concerned in this suit only with two groups namely, group ' D' and group 'F'. Group 'D' Consisted of 1l76 tenements. The appellant- plaintiff has kept the contracts for the construction of these two groups of tenements.