MUNIR KHAN Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) This is an appeal by the plaintiff from the decree of the Additional Subordinate Judge of Allahabad, dated 8 November 1926, reversing the decree passed by the Munsiff, West, Allahabad, dated 31 May 1926. Plaintiff was a conservancy contractor under a written agreement, dated 9 May 1923, between the plaintiff and the Municipal Board of Allahabad. Under this instrument the plaintiff agreed to remove rubbish from certain parts within the municipal area and deposit the same in the trenching ground. The contract commenced on 1 May 1923, and terminated on 31 March 1924. Para. 3 of the agreement provided as follows: The Board hereby covenants to pay the said contractor the sum of Rs. 325 only per month for the supply of thirteen animals and eleven carts and drivers every night for the work of collecting all night soil accumulating within the area of ward Five, West of Railway line, removing the same to such place or places as the Chairman, Public Health of the Board, shall appoint and such payment shall not be liable to any diminution or enhancement by reason of any variation in the number of animals, carts and drivers employed or in the amount of work required to be done by the contractor.

(2.) The plaintiff alleged that he performed his part of the contract but that the defendant unlawfully and in violation of the terms of the agreement withheld the payment of Rs. 446. The plaintiff sent a registered notice on 27 July 1925. Reply was received by a letter dated 6 October 1925, that the account was being checked and that a final reply would be given within fifteen days. A post card was received dated 17 August 1925, that the notice sent by the plaintiff had been received and was under consideration.

(3.) The suit which has given rise to this appeal was instituted on 15 January 1926, for recovery of Rs. 446 being the total of the amount withheld by the defendant month after month from the stipulated amount of Rs. 325 payable to the plaintiff under the contract. Rs. 93 was claimed as interest by way of compensation at the rate of rupee one per cent per mensem.