M. AMALA RANI Vs. N. CHENTHIL KUMAR

JUDGEMENT

(1.) The second defendant in O.S.No.283 of 2000 on the file of the Principal Subordinate Court, Tirunelveli, is the appellant in this second appeal.

(2.) The respondent herein Thiru. Chenthil Kumar filed the said suit seeking recovery of a sum of Rs. 1,80,054/- with interest from the defendants. Two persons were shown as defendants in the suit. The first was the Correspondent of St. Antony High School, Alavanthankulam, Pallikottai, Tirubnelveli Taluk. The appellant herein was shown as the second defendant. She was the Headmistress of the said school during the relevant time.

(3.) The case of the plaintiff as projected in the plaint was that he was a qualified building contractor and that the defendants entered into a contract with him on 24.03.1997 to put up a new construction and also to do renovation and repair works of an existing building. The estimate was originally fixed at Rs.3,75,000/-. Later changes were suggested and additional works were carried out. The plaintiff claimed that he was paid only at the original contract rate and the balance amount was not paid. When he made demands, Ex.A.1 dated 07.12.1997 was issued. Since the defendants did not stick to the terms of the undertaking set out in Ex.A.1, he filed the said suit for recovery of the suit claim.