TIRUCHIRAPPALLI THANJAVUR DIOCESE Vs. SUDALAYANDI

JUDGEMENT

(1.) Challenging the judgment and decree in A.S.No.105 of 2001, dated 02.04.2002, on the file of the Principal District Judge, Karur confirming the judgment and decree in O.S.No.351 of 1995, dated 31.08.2001, on the file of the Subordinate Judge, Karur, this Second Appeal has been filed.

(2.) For the sake of convenience both the parties will be referred to what they are before the trial court.

(3.) The brief case of the plaintiff is that the plaintiff is a contractor. The defendant has entrusted the work of constructing a shopping complex in CSI School premises, Karur. The plaintiff has to complete the construction by spending his own funds and he has to recover the same by submitting bills. The plaintiff has spent Rs.2,53,080/-. As per the agreement, the defendant had paid a sum of Rs.2,23,000/-. There is a balance of Rs.30,080/- due from the defendant. The plaintiff has also been entrusted with another work for a value of Rs.17,850/- and in aggregation, the defendant is liable to pay Rs.47,930/- to the plaintiff. Despite repeated demands, the defendant has failed to settle the amount to the plaintiff. Therefore, the plaintiff is constrained to file the present suit for the relief as indicated above.