( 1 ) THIS is an appeal preferred against the judgment and decree dated 7-12-1983 passed in O. S. No. 87 of 1981 on the file of Subordinate Judge, kothagudem. The appellants are the defendants. Hereafter, the parties would be referred to as plaintiff and defendants as per the ranking assigned to them in the Court below.

( 2 ) THE plaintiff-respondent filed a suit for recovery of an amount of Rs. 17,434/- from the defendants. According to the case of the plaintiff, an amount of Rs. 16,200/- was deposited with the defendants vide Demand Draft no. 539627, dated 20-1-1981, payable at State Bank of India, Kota, towards security deposit as per the negotiations between the plaintiff and the defendants for the supply of sleepers by the plaintiff to the defendants, as per the tender notification issued by the defendants. According to the case of the plaintiff, the contract was not concluded as per the tender offered by the plaintiff and as such the plaintiff was entitled for refund of rs. 16,200/- with interest, which comes to Rs. 17,434/ -. The plaintiff gave a legal notice dated 17-12-1980, but the defendants failed to refund the same, therefore, he filed the suit. By fil