( 1 ) THIS appeal and cross-objections arise out of O. S. No. 1 of 1958, a suit by the plaintiff Mohd. Dalil Khan Bozai, appellant in the appeal, for recovery of O. S. Rs. 22,845-10-0 equivalent to I. G. Rs. 19,581-12-3 against the Government in respect of sums alleged to be due under four contracts which he executed for the Government. The facts giving rise to the present action are: Mohd. Dalil Khan Bozai, the appellant herein, took four contracts from the Government. The first contract related to the annual maintenance of Vikarabad-Bijapur Metal Road for 1930-51 chargeable to the normal annual maintenance grant. The second contract relates to the maintenance of Vikarabad-Bijapur Metal Road for 1950-51 chargeable to 55 per cent extra grant. The third contract relates to the laying of cement concrete in the road of 3 miles from Langar House Junction to Ibrahim Bagh Military Barracks Dust proofing Osmansagar Road, 1357 F. The last contract relates to resurfacing Hyderabad-Masulipatam strategic metal road, 1353f. As regards the first contract his case was that during the period of this contract, he executed 1,44,540 cubic feet of metal consolidation during rainy season,