JUDGMENT :

This is a regular appeal preferred under Section 96 CPC against the decree and judgment in O.S.No.31 of 2005 of the Court of the learned Senior Civil Judge, Kovur,

Nellore District.

2. The defendants are the appellants. The plaintiff is the respondent.

3. The respondent laid a claim against the appellants for Rs.5,60,564.96 ps. with future interest at 24% p.a. from the date of the suit till realisation and for costs.

4. This dispute is relating to a work contract which was in respect of special repairs to the road viz., K.M.13/4 to 17/4 via Gandavaram, Peddaputhedu and Peyyalapalem. An agreement was entered into between the respondent and the appellants when the respondent became lowest tenderer for value of Rs.10,73,702/-for the estimated contract value of Rs.9,79,771/-at 9.59% excess, based on SSR 97-1999. It was accepted by the 2nd respondent. The work was to be completed within six months of handing over the site and as per the work agreement, the site was handed over on 19.09.1998 on account of which the work was to be completed within six months therefrom by 18.03.1999. Breach of this contract is alleged by both the parties in performance of the terms and conditions the