ASSOCIATED CONSTRUCTION AND ENGINEERING COMPANY Vs. DHANLAXMIBEN

JUDGEMENT

(1.) .The plaintiff firm filed Civil Suit No. 740 of 1975 against the defendants for recovery of Rs. 42,859.64 ps. with costs and interest on following brief facts alleged in the plaint.

(2.) The plaintiff No. 1 is a partnership firm in which plaintiff No. 2 is one of the partners. The defendant No. 1 is the defendant No. 2's wife. The defendants had a plot of land described in the plaint. They wanted to construct building and, therefore, after some amount of communication with the plaintiffs they entered into contract with plaintiffs regarding construction of Bungalow in the said plot of land. All printed quotation/sheet with estimates and quantity as well as rates of different items of construction had been attached with the contract. On February 4, 1975 the plaintiffs sent by Registered Post the bill of cost of construction to the first defendant. The second copy of the bill was sent on February 9, 1975. As per the said bill the cost of construction came to Rs. 63,435.29 ps. However, the items of the compound wall, the construction below the partitions and the items of difference in the value between the cost of send-face plaster and shagol-finishing were not included in those bills, as measurements and calculations of those items were not done by that time. The plaintiffs, therefore, stated to have reserved their right to give supplementary bill for such items. Besides, the building materials worth Rs. 8,950.00 belonging to the plaintiffs were lying at the site of the Suit Bungalow. However, the defendants did not permit them to complete the construction work so that such materials could be used. According to the plaintiffs if the defendants did not pay the cost of construction as and when the construction progressed, the defendant would be liable to pay interest and accordingly a sum of Rs. 424.35 ps. was added as interest. Accordingly, as per the bills sent by the plaintiffs and after deduction of the amount paid by the defendants the decree for Rs. 42,859.64 ps. was claimed. xxx xxx xxx xxx xxx 10. Having heard the learned Counsels for the parties, I find that following points for determination arise in this Appeals : 1. Whether the plaintiffs have proved their composite bill Exh. 48 entirely ? 2. Whether the defendants have established their additional payment of Rs. 20,000/- ?

(3.) Whether the plaintiffs would be entitled to interest till upto the date of Decree ?