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2000 Supreme(Ker) 164

K.V.SANKARANARAYANAN, K.NARAYANA KURUP
RAMBAL COMPANY – Appellant
Versus
KERALA STATE SCIENCE AND TECHNOLOGY MUSEUM – Respondent


Advocates appeared:
Sh. Nair Ajay Krishnan, for the Petitioner.
Sh. R. D. Shenoy and Sh. P. J. Mathew, for the Respondent No. 1. Sh. Gracious Kurilakose, Govt. Pleader, for the Respondents 2 and 3.

JUDGMENT

NARAYANA KURUP, J. - The petitioner had entered into Ext. P1 agreement with the first respondent Kerala State Science and Technology. Thiruvananthapuram which is a society registered under the Travancore Cochin Literary and Scientific Societies Registration Act, 1955, on 15-6-1988 for the "construction of planetarium building of the Kerala State Science and Technology Museum and allied Civil Works". Dispute having arisen between the parties, the agreement came to be terminated as could be seen from Ext. P2 termination notice dated 3-11-1989 issued by the first respondent. Ext. P2 was followed by Ext. R1(c) letter from the Managing Partner of the petitioner company allegedly admitting the breach of contract, suit notice dated 6-11-1990 issued by the first respondent to the petitioner which was replied by the petitioner as per Ext. P3 dated 31-12-1990 repudiating the alleged breach and raising a counter claim - According to the petitioner, there was a long silence after Ext. P3 which was broken on 12-1-1998 on which date, the petitioner received Ext. P4 demand notice from the 2nd respondent Deputy Tahsildar (RR), Thiruvananthapuram under Section 34 of the Revenue Recovery Ac


















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