STATE OF TAMIL NADU Vs. K RAMACHANDRAN

JUDGEMENT

(1.) THIS Appeal arises out of the Judgment and decree in O.S.No.421/2000 dated 28.08.2003 on the file of Sub-Court, Tiruvarur decreeing Plaintiff's suit claiming a sum of Rs.11,52,000/- towards the work executed by the Plaintiff as power agent onbehalf of the 1st Defendant. For convenience, the parties are referred as per their original array in the suit.

(2.) THE work of widening and strengthening Mannargudi-Muthupet Road KM 18/0 to 19/0 was awarded to the 1st Defendant by the 3rd Defendant. Plaintiff is Class-I contractor of the Highways department and 1st Defendant appointed the Plaintiff as his power of attorney under Ex.A1 deed dated 15.09.1995. In terms of Ex.A1-power deed, Plaintiff did the work incurring all the expenses including wages to the workers personally. By letter dated 26.11.1996, 1st Defendant had also confirmed the same. THE requirements for widening and strengthening of the road are:-

(3.) ADMITTING handing over of the contract and entrusting the work to the Plaintiff, 1st Defendant filed written statement contending that because of his illness, he approached the Plaintiff and asked the Plaintiff to complete the work for and on his behalf. To that effect, 1st Defendant had also executed Ex.A1 [15.09.1995] power of attorney. Based on the power, plaintiff had executed the work widening and strengthening the road as per the contract. According to 1st Defendant, authorities allowed the Plaintiff to put up bottom portion before laying top formation and the work was completed to the satisfaction of the department. 1st Defendant further averred that he has already informed the department to recognize the Plaintiff as his power agent and handing over the money to the Plaintiff. 1st Defendant further averred that in July 1998, the officials informed him about the inspection and at that time, department had taken his signature in various Registers and as per the request of higher officials, he signed in the Books and blank papers. 1st Defendant averred that using the said signatures, Department had created certain document which are used against the Plaintiff, 1st Defendant prayed for decreeing of the suit.