( 1 ) THIS is the defendants' appeal from the judgment and decree dated 19th September, 1996 passed by the Civil Judge, Gulbarga in original suit number O. S. No. 47 of 1995. The plaintiff had filed the above mentioned suit for recovery of a sum of Rs. 1,54,692/- against the defendants.

( 2 ) PLAINTIFF claimed himself to be P. W. D. Contractor and he alleged that he had been entrusted with the work of repair and tar work of the Chittapur-Malkhed Road from 10. 15 km to 13. 20 km, on the total costs of Rs. 4,00,827-11 Ps. , accordingly there was an agreement. But he could cany out the part of the work amounting to Rs. 91,176/- and stopped further work as per order and the direction of the Chief Engineers. The plaintiff alleged that the aforesaid amount of Rs. 91,176/- was payable on or before February 1993. Under this amount the material worth Rs. 41,000/-, was allotted by defendant 2, at P. W. D. expenses. So after deduction of Rs. 41,000/-, plaintiff claims to be entitled to the sum of Rs. 50,1767-, payable on or before February 1993. Plaintiff alleged that he made several demands, but of no effect, and therefore plaintiff claimed that he is entitled to interest at the rate of 18%

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