NATHOOLAL MISTRY Vs. LEONARD THEOLOGICAL COLLEGE JABALPUR

JUDGEMENT

(1.) THIS appeal arises from a suit for the recovery of Rs. 6,900 for work done for the defendant. The appellant's case was that in April 1961, the respondent Theological College gave the appellant a contract for construction and carpeting of the approach road to the College covering an area of about 33975 sq. ft. His final bill for that work was paid by the College on january 6, 1964. It is his case that in October 1963, Dr. Sahai, Principal of the College, ordered him to do the work of seal coating of the entire carpeted area. The plaintiff accepted to do this work. The contract was oral. It was agreed that for this work, the plaintiff would be paid actual cost of the material and labour together with 10 per cent, as contractor's contingency. Accordingly the plaintiff carried out the work of seal coating in the months of November and December 1963 and also in January 1964. He submitted a bill for rs. 6,614. 48 p. but the amount was not paid. The appellant claimed a further sum of Rs. 265 on account of cost of material which the defendant utilised for itself.

(2.) THE defendant's case was that the work done by the plaintiff in pursuance of the contract of 1961 was defective so that when Dr. Sahai, the Principal, returned from abroad and inspected the work, he found it to be incomplete and unsatisfactory He, therefore, called upon the plaintiff to remove the defects before his final bill could be paid. In November and December 1963 the plaintiff completed the work of carpeting. His final bill was paid in January 1964. The defendant completely denied that the plaintiff was asked to do any seal coat work or that any such work was actually done by him.

(3.) THE trial Court dismissed the suit holding it not proved that the plaintiff had done any seal coat work or that there was any agreement to that effect between the parties. It further held that the defendant had not utilised any material belonging to the plaintiff.