( 1 ) UNSUCCESSFUL plaintiff is the appellant. O. S. No. 365 of 80 was filed by the plaintiff on the file of the Additional Chief Judge, city Civil Court, Hyderabad for recovery of a sum of Rs. 3,65,887-80. For the sake of convenience the parties to this appeal would be referred to in accordance with their ranking in the suit.

( 2 ) THE averments in the plaint in brief are set out as hereunder: the plaintiff is a graduate in engineering and he has been working as engineer and Contractor for the last 14 years and has sufficient experience in construction and expertise in construction of residential houses and flats. The defendant is a registered Society and they called for Tenders for construction of 48 flats initially, which was later on increased to 64 flats, at Basheerbagh, Hyderabad. The plaintiff submitted his tender along with the necessary specifications to the defendants, prior to 22-7-1975. The defendant having found the tender of the plaintiff acceptable, accepted the said tender by their letter dated 1-10-1975. It is also further stated that on the same day, on further discussions, the plaintiff gave certain modifications to the written agreement, by his