CHANDRASEKHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Plaintiff is the appellant in this Second Appeal. The suit is laid to recover a sum of Rs. 5,100/- being the security deposit and also way bills. The case of the plaintiff s that he is a Railway contractor and he entered into an agreement on 17-1-63 with the Divisional Superintendent, Works Branch for supply of ballast between Miles M/O/O to M. 64/18 between Dharmavaram and Mulakalacheruvu Stations, and ballast supplied by the plaintiff was not agreeable to the Department and there was a dispute, but to the extent the works that were completed final measurements were taken on 23-8-63 and a bill was prepared Ex B-20 on 28-11-63 and though the deteadent extended the contract upto 31st November 1963, no progress was made as preparation of the bill was not agreeable to the plaintiff and subsequently the Department rescinded the contract and forfeited the suit claim and hence the present suit.

(2.) The defendant's case is that the plaintiff committed default in performing the contract. Ample opportunity was given to fulfil the terms of the contract. The plaintiff virtually abandoned the contract by non- supplying the quality and quantity of the goods agreed upon, the rescission of the contract is in accordance with law and the forfeiture of the deposit complained of, is as per the terms of the contract and the suit is barred by limitation.

(3.) On the relevant issues the trial court held that the plantiff committed breach of contract and the rescission of the contract by the department is valid. The forfeiture of the amount claimed is in accordance with the terms of the contract and the suit claim is also barred by limitation. The said judgment was confirmed in appeal and hence this Second Appeal.