1976 Supreme(Mad) 502
T.RAMAPRASADA RAO, S.RATNAVEL PANDIAN
Madasami Nadar – Appellant
Versus
Virudhunagar Municipality by its Commissioner, holding his office at Virudhunagar, Sattur Taluk, Ramanathapuram District – Respondent
Advocates:
R. Gopalaswami Ayyangar and M. Srinivasan, for Appellant.
K. Alagiriswami, for Respondent.
Ramaprasada Rao, J.- The plaintiff who lost in the Court of the Subordinate Judge of Rsmanathapuram in O.S. No. 134 of 1969 on its file is the appellant. In or about the beginning of 1969 there was acute water scarcity in the Virudhunagar town which is within the jurisdiction of the Virudhunagar Municipality which is the defendant in the suit. The council resolved on 28th February, 1969 and to wit under Exhibit P-17 to supply water to the public. It is common ground that at the time when the Municipality was seized of the subject, they intended that such supply should be for a period of 120 days. Bearing this in mind obviously tenders were called for the supply of such water through lorries to the residents of the town.. Exhibit A-1 is the tender notice. Exhibit B-2 is the tender which the plaintiff gave in which he obviously quoted an offer to supply such water for a period of 120 days. Under Exhibit B-5 which is the agreement for the work in question to be performed by the plaintiff no such period however has been stipulated. The plaintiff started performing the contract but under Exhibit A-4 dated 8th May, 1969 the defendant issued a memo. stating that the plaintiff was required
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