KHAN GHULAM HASSAN KAKROO Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is a civil second appeal. It arises out of a suit filed by the appellant -plaintiff against the respondent -State in the court of Sub Judge, Baramulla, for the recovery of a sum of Rs. 2252.50 on account of the balance price of single supplied by him. The respondent -State resisted the suit on several grounds including the one based on limitation. The trial court raised various -issues including the one about limitation and, finding them all in favour of the plaintiff, decreed the suit. On appeal the learned District Judge, Baramulla, dismissed the suit holding that it was barred by limitation. In that view he did not feel it necessary to go into other points raised in the appeal filed before him. Aggrieved by the decision of the learned District Judge, the plaintiff has filed the present appeal in this court.

(2.) THE plaintiffs claim is based on a contract entered into by him with the Executive Engineer, Roads and Buildings, Baramulla, representing the State. The contract was executed on 17 -1 -1962. It provided for the supply and consolidation of shingle in respect of Mile 1st of Watrigam Dangiwacha Dandusa Road, The contract provided rates separately for the supply of shingle and its consolidation, adding, that "the contractor agrees to execute the work at three percent above the rates entered herein and to complete the work as under: - a. Supply within one month: and, b. Consolidation within one month from the date of supply of roller, and to complete the work in all respects in accordance with the PWD specifications as per time schedule given above failing which contract will be cancelled and work got done depart -mentally or through some other agency at the cost of the original contractor."

(3.) THUS the intention of the parties was that the price of shingle shall not be claimable as of right on the date when it was supplied but rather when the contract was completed or when the contract camp to an end.