B Vs. M SAMBAIAH

JUDGEMENT

(1.) Aggrieved by the judgment and decree dated 13-4-1988 passed in O.S.No.482 of 1983 on the file of Additional Subordinate Judge, Guntur, the defendants have filed this appeal.

(2.) The plaintiff in O.S.482/1983 has filed cross-objection as the court below did not grant the interest claimed by him on Rs.1,16,022/- from the date of completion of the work till the date of the plaint. The parties hereinafter referred to are as they are arrayed in the suit.

(3.) The plaintiff was entrusted with the work relating to levelling of house sites in 17 blocks of four plots each in Harijanawada of Palaparru with estimated costs of Rs.10,000/- for each block on nomination basis. He was permitted to proceed with the work by the defendants on estimated rates under the guidance of Supervisor-II (Pr) and P. S. Prattipadu. The plaintiff executed the required agreement for the said works. He completed the works within the stipulated time i.e., 30-9-1980. The defendants made part payment of Rs.1,500.00 in the month of August, 1980. The total value of the work done by the plaintiff is Rs.1,58,000.00. In spite of repeated demands, the defendants failed to pay the balance of Rs.1,43,000. So the plaintiff issued notice under Section 80 of CPC on 27-9-1982. After receiving the notice, the defendant's made part payment of Rs.74,966 on 19-94983. Since the defendants failed to pay the balance amount, the plaintiff filed the suit for recovery of Rs.1,16,022/- with interest thereon @ 12 per cent per annum.