S A DOSS Vs. WORKING WOMEN VOLUNTARY SERVICE

JUDGEMENT

(1.) THIS appeal has been preferred against the decree and judgment passed in O.S.No.316 of 1988 on the file of the Sub-Court, Coimbatore. The plaintiff is the appellant herein.

(2.) THE short facts of the case of the plaintiff in the plaint are as follows: THE plaintiff is working as a Building Contractor at Coimbatore. THE plaint schedule property S.No.536/3-B, a vacant site belongs to the first defendant through Government assignment. To the said land, a tender was called for constructing an hostel for working women through M/s.Krishnaraj & Associates. THE tender was called for from the first defendant. THE plaintiff had agreed to construct the working women hostel for a sum of Rs.8,67,938.39/-. Subsequently the said tender amount was reduced by 5% by fixing the same at Rs.8,24,541.47/-. THE tender was also confirmed by the first defendant. Since the first defendant had failed to produce the building materials in time the building could not be completed as per the agreed date. On 1.5.1985 the defendant had begun to construct the building. As requested by the first defendant, the plaintiff had agreed to put up additional construction regarding Servant's Quarters, washing yard and Gas cylinder store room. THE architect of the first defendant viz. Krishnaraj also gave necessary advances in connection with construction of the above said additional building by the plaintiff. A final bill was produced by the plaintiff to the tune of Rs.9,85,968.72/-, but as requested by the first defendant, the said amount was restricted to Rs.9,62,745/-. At the time of agreement the plaintiff had paid Rs.10,000/- towards caution deposit. Including the said caution deposit of Rs.10,000/- the amount due to the plaintiff comes to Rs.9,72,645/-. THE first defendant had paid Rs.6,72,742.48/- on various dates. THE balance due to the plaintiff come to Rs.2,99,903/-. THE plaintiff is entitled to 12% interest per annum for the same from 26.2.1985 to 24.2.1988. Hence, the plaintiff has filed the suit claiming Rs.4,07,668.15/- being costs of additional construction.

(3.) IN fine, the appeal is dismissed but the suit is decreed for Rs.1,25,000/- instead of Rs.1,61,299/- towards the value of the additional construction put by the appellant. The appellant is entitled to 12% p. a. interest for the said amount from the date of suit to the date of realization with proportionate costs.