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1987 Supreme(Ker) 240

G.VISWANATHA.IYER, PARIPOORNAN
S. S. NAIR – Appellant
Versus
TRAVANCORE DEVASWOM BOARD – Respondent


Judgment :-

1. This appeal is by the plaintiff. The suit was one laid by him for settlement of accounts in regard to the construction of pilgrim shelters at Pamba and Sabarimala, for the defendant, namely the Travancore Devaswom Board, and for recovery of amounts adjudged due on such settlement.

2. Pursuant to invitation for tenders for the construction of pilgrim shelters at Pamba and Sabarimala, the plaintiff was entrusted with the work of constructing shelters Nos.1 to 10 at Pamba and 11 to 20 at Sabarimala. The work was to be completed within four months from 29-9-1978. The plaintiff moved to the site immediately after the work was awarded to him with ail his men and machinery for the purpose of beginning the work. However, the defendant committed default in various respects The site was not handed over free and unhindered to enable the plaintiff to start the work. The defendant did not obtain sanction to cut and remove the various timber trees on the site. The defendant was under an obligation to provide quarry for collection of rubble, but when the plaintiff started collecting the rubble, the forest authorities objected, which compelled the defendant to get sanction for openin













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