A. Lekshmikutty, J.

The unsuccessful plaintiff in O.S. No. 38 of 1989 of the Subordinate Judge's Court, Kozhikode filed this appeal against the judgment and decree in the said suit. The plaintiff filed the suit for recovery of money and for rendition of accounts.

2. The appellant was a PWD Contractor for a long time. He was awarded the work of Muchukunnu-Thikkodi Beach Road by the second respondent accepting the appellant's tender. An agreement was executed on 22.1.1985. He was directed to make a security deposit of Rs. One lakh, much in exercise of what is usually insisted upon. The site was handed over to the appellant on 13.2.1985 and it had to be completed by 17.2.1986 as per the agreement. The appellant started the work very earnestly and diligently. unfortunately, there were various objections and impediments in proceeding with the work. The handing over of the said work was a myth and in fact the department had not obtained possession from the respective owners for the property through which the road had to be constructed. The original road had only a width of 4 metres and it has to be widened to 8 metres. Some portions of the proposed road belonged to the Food Cor