MODI, J.—These two appeals are directed against the two separate judgments and decrees of the District Judge, Kotah, dated 31-5-69. As common questions of law and facts are involved in these appeals, they are being disposed of together.

2. The plaintiff-respondent instituted two suits in the Court of the District Judge, Kotah, suit No. 22 of 1963 on 16-11-63 and suit No. 8 of 1964 on 31-1-64.

3. The facts relating to suit No. 22 of 1963 are as follows.

4. The Executive Engineer, Right Main Canal, Division I, Chambal Project, Kotah, invited tenders for constructing a drainage syphon at RD 87000 on Right Main Canal. The plaintiff submitted his tender at 9.5 per cent above the estimated amount mentioned in G Schedule attached to the tender form. The Chief Engineer, Irrigation, Rajasthan, accepted the plaintiffs tender on 18-5-56 and an agreement was executed between the parties which was signed by the plaintiff on the one hand and the Chief Engineer, Irrigation, on the other. Before the tender was formally accepted by the Chief Engineer, the plaintiff was asked to commence work and he actually commenced it on 20-4-56. The work was completed on 15-7-58. The plaintiff was paid for the work

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