KRISHI UTPADAN MANDI SAMITI Vs. D S CHAUHAN

JUDGEMENT

(1.) THIS is defendant's second appeal in a suit for recovery of Rs. 9444/- on the basis of a contract for planting trees. The suit was filed with the allegations that the tender of plaintiff was accepted by the defendant and thereafter work order dated 31st August 1984 was issued to the plaintiff for planting trees by 15th September 1982 which was subsequently extended till 16th October, 1984. He planted the trees and then submitted a bill duly verified by the junior engineer which was received in the office of defendant on 26th March, 1985. But the payments were not made. After several reminders on 26th March 1985 he was informed that the bill has been rejected. Thereupon a notice was served on the defendant by handing over the same to the then secretary as well as Vice Chairman of the Mandi Samiti but even then payment was not made hence the suit was filed.

(2.) THE suit was contested by the defendant appellants denying the plaint allegations but admitting that the tenders were accepted and work order was issued for planting 300 trees by 30th September 1984, out of which only 276 trees were planted but the veriety of the trees planted was not the same as agreed upon and ditches were not prepared according to the agreement and the suit was barred by time, as well as section 34 of U. P. Krishi Utpadan Mandi Samiti Adhiniyam 1964, (for short the Adhiniyam).

(3.) HAVING heard learned counsel for the appellant, exabundants cautela provisions of section 34 of the Adhiniyam are set out ;