M. S. Menon, J.

1. The State of Kerala and the General Manager, Travancore Minerals Concern, Chavara, are the appellants before us. They were the defendants in O. S. No. 19 of 1958 of the District Court of Quilon. The respondent, a contractor of the Minerals Concerns, was the plaintiff in that suit.

2. The claim was for a sum of Rs. 12,669-1-6. The lower court considered the various contentions urged before it and decreed the suit with costs.

3. Ext. D1 is the agreement between the parties. It was concluded on 16-11-1954 and was to be in force for a period of one year from that date.

4. Under the agreement the respondent had to collect sand from the mining area on the beach and to give delivery at the elevator pit. After the collection at the beach and before the trucking to the elevator pit the respondent was bound to dry the sand and stock the same in sheds which will be provided by the Concerns at the landing places from time to time.

5. Subsequent to the contract the Minerals Concerns took on lease a property outside its original premises and put up three sheds therein in addition to the sheds in the old premises. It is not possible to say that stocking in sheds court side t