Judgment

Sethi, J.-In response to the tenders invited by the respondent-State, the appellant herein was allotted the work for the construction of a hostel for 100 boys at polytechnic Ujjain for which agreement (Ex. P 22) was executed between the parties on 26th December, 1960. The entire work was required to be completed within 29 months with further condi­tion that 1/4 of the work was to be completed within 5 months, half the work to be completed within 10 months and 3/4 work was to be completed within 15 months. The work order was issued to the appellant on 26th December, 1960 who started construction on 28th December, 1960. Superintending Engineer is alleged to have obstructed the progress of the work with the result that the work could not be com­pleted within the time schedule. The contract executed between the parties was rescinded by the respondents vide letter dated 19.6.61 on the ground that the appellant had not completed even 10 per cent of the work despite lapse of more than 9 months. The appellant however, contended that the termination of the contract was in breach thereof. He claimed Rs. 20,000/- as damages for breach of contract besides claiming other amounts payable