STATE OF RAJASTHAN Vs. SITA RAM CHOUDHARY

JUDGEMENT

(1.) The defendants have preferred this regular first appeal under Section 96 of the Code of Civil Procedure against the impugned judgment and decree dated 25th November, 1991 passed by Additional District Judge No. 6, Jaipur City, Jaipur in Civil Suit No. 33/81 (57/89), whereby the trial court partly decreed the suit of plaintiff-respondent for declaration, permanent injunction and recovery of the amount to the extent of Rs. 73,212/- with interest @ 6% per annum.

(2.) Briefly stated the facts of the case are that the plaintiff-respondent filed a suit for declaration, permanent injunction and recovery of a sum of Rs. 1,15,021.60 paise against defendants-appellants in the Court of District Judge, Jaipur City, Jaipur which was transferred for disposal to the Court of Additional District Judge No. 6, Jaipur City, Jaipur, wherein it was pleaded that defendant No. 4 invited tenders on 20th June, 1978 for construction of public road. The tender of plaintiff was accepted. The work was to be completed during the period from 7th October, 1978 to 6th October, 1979. The defendants did not give lay out plan nor vacant possession of the land in dispute for raising construction. The material of earlier contractor was lying at the spot which was not removed. The land had not been acquired and due to protest of agriculturists, the lay out plan was not supplied by defendants to petitioner. The demarcation was not done by the defendants at the spot. The plaintiff wrote a letter and reminder thereafter to the defendant No. 4 to make available the lay out plan and to remove the material of earlier contractor and to demarcate the actual place / land, where road is to be constructed, but no heed was given by them and all of a sudden they served a notice in January, 1979 upon the plaintiff and thereafter vide order dated 28th March, 1979, imposed a penalty and forfeited the amount of security deposited by the plaintiff. The amount of penalty was recovered from the amount belonging to plaintiff relating to other contracts. The defendants have deducted a sum of Rs. 31,003.10 paise and further a sum of Rs. 50212.00; total a sum of Rs. 81,215.10, which were wrongly deducted and plaintiff is entitled to recover the same. The plaintiff is further entitled to receive a sum of Rs. 23,806.50 paise towards the loss of profit, therefore, plaintiff is entitled to a decree of declaration, permanent injunction and recovery of the amount.

(3.) The suit was contested by defendants by filing written statement, wherein contents of the plaint were denied and it was pleaded that plaintiff did not start his work within time and in these circumstances, there was no alternative left with the defendants except to forfeit the amount of security and to impose penalty on the plaintiff.