( 1 ) THESE two appeals arise from O. S. No. 172/1976. A. S. No. 339 of 1978 is preferred by the defendant-Union of India, while A. S. No. 146 of 1979 is preferred by the plaintiff. The suit was instituted in forma pauperis for recovery of a sum of Rs, 4,16,449. 40 p. and damages at the rate of Rs. 15,000/- p. a. with subsequent interest, at the rate of 12% p. a.

( 2 ) THE plaintiff filed the suit, with the following averments : The plaintiff worked as a contractor for construction of certain quarters for the south Eastern Railway under two agreements. The plaintiff completed the work by December, 1966 and handed over the quarters to the Railways. According to the final bills prepared by the Railways, a sum of Rs. 95,933. 54 was due to the plaintiff, as per the measurements noted. However, the authorities of the Railways subsequently changed the measurements to the prejudice of the plaintiff. The plaintiff signed the measurements book under protest, with a view to obtain "on account payment", subject to correct measurements being taken. The delay in completion of the works was not on account of any default, on the part of the plaintiff, but on account of the delay