JAGANMOHAN REDDY, J. : -

These are two Civil Miscellaneous Appeals against the orders of the Subordinate Judge, Anantapur, in I. As. 347 and 381 of 1955, allowing the latter and dismissing the former with costs. The appellant had filed a suit in the Court of the Subordinate Judge, Anantapur, against the respondent, who is a contractor, for a declaration that he is not entitled to Rs. 19,339-10-9 on account of work done on a building contract and for an injunction restraining him from proceeding with the arbitration which was pending before Dewan Bahadur A. Nageswar Iyer. It is necessary to state a few facts for a better appreciation of the contentions urged in these appeals.

2. The appellant called for tenders for building a mill premises and the respondent, contractor, tendered for it. His tender was accepted. An agreement was subsequently entered into on 18-4-1952 between the parties and the contractor thereafter agreed also to construct other buildings as such as canteen, power house etc. on the same conditions as are mentioned in the agreement dated 18-4-1952. It is alleged that in pursuance of the agreement the respondent carried out the works and was submitting from t