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1979 Supreme(Mad) 89

RAMANUJAM, SENGOTTUVELAN
R. Kamalam – Appellant
Versus
State of T. N. – Respondent


Judgement

RAMANUJAM, J. :- The plaintiff in O.S. No. 112 of 1970 on the file of the Sub-Court, Padmanabhapuram, is the appellant. The plaintiff undertook the construction work of Kurunthacode Panchayat Union office building for an estimated cost of Rs. 43,000/- and odd on 15-1-1965. Since the Divisional Engineer, Highways, Nagercoil, the second defendant, was not satisfied with the progress of the work, the contract was cancelled by him and the plaintiff was asked not to proceed with the work. On such cancellation certain articles which the plaintiff had stored at the work spot, were alleged to have been removed by the department on 3-9-1967. Subsequently, on the basis of certain revised estimates, which seem to have been accepted by the department, the plaintiff again continued the construction work and the department also extended the time limit for completion of the work by the plaintiff. Thereafter, on 21-4-1969, the 2nd defendant finally terminated the contract awarded to the plaintiff on the ground that the plaintiff had not completed the work even within the time extended. The plaintiff has therefore filed the present suit substantially for two reliefs (1) for payment of the










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