1. The defendant is the appellant.

2. The suit is by the Plantation Corporation of Kerala Ltd., Kottayam for recovery of a sum of Rs. 24,005.36 by way of damages for breach of contract by the defendant. The plaintiff Corporation had invited tenders to carry out the work of the construction of a road from Peruvannamuzhi to Perambra Estate of the plaintiff Corporation at an estimated cost of Rs. 3,25,614.00. The defendant's tender was the lowest for Rs. 2,83,174.00. As per Ext. A3 dated 28-5-1970 the plaintiff accepted the tender and a formal agreement Ext. Al dated 24-6-1970 was executed between the plaintiff and the defendant. Ext Al requires the contractor to commence the work as soon as the agreement is executed, and the site handed ever to him. and requires the work to be completed before February 1971. Clause.11 of the terms and conditions of the tender notification annexed to the agreement requires the work to be completed in 9 months from the date of order to start work, and in any case not later than the end of February, 1971. Clause.22 provides for penalties for the delay in the execution and completion of the work and Clause.23 provides for extension of time by