Judgement

SHAH, J. : V. R. Subramanayam, the appellant herein is the owner of plot No. 29, Subedar Chattram Road in the town of Bangalore. B. Thayappa respondent is a building contractor. The appellant entrusted the respondent with the work of constructing a house and shops on the plot, on terms and conditions set out in a written agreement dated October 1, 1942, which was slightly modified on October 6, 1942. By the agreement the respondent was to construct for the appellant on the plot six shops abutting a public road, the main building at the rear of the shops, an out-house and a garage according to a site plan. The respondent was to be remunerated at rates specified in the agreement: for constructions with R. C. C. roofing, the rate stipulated was Rs. 4-2-0 per square foot and for "tiled construction it was Rs. 3-2-0 per square foot. The Municipality of Bangalore did not sanction the plan as proposed by the appellant. the plan was altered and it was sanctioned, subject to those alterations. By the alterations the shops were deleted from the plan, the area of the out-house was increased, and a puja room on the ground floor and an extra room on the first floor were added to the