1. This appeal has been filed on behalf of the Jullundur Improvement Trust. Jullundur, the defendant-appellant, against whom the decree for Rupees 1,75,000.00 has been passed by the trial Court.

2. The case of the plaintiff-respondent that he entered into the agreement dated May 2, 1966, Exhibit P. 7, with the defendant to construct 90 feet wide road in the development scheme of 84 acres behind Civil Hospital, Jullundur, connecting Vijay Nagar Road to Nakodar Road and to finish the work on 14-12-1967. In connection with that work, the payment of the last bill was received by him on 14-12-1967, under protest as his full dues were not paid. According to him, there was a material stipulation in the contract that the work will be done and executed strictly in accordance with the Punjab P. W. D. specifications and that clause 12 of the conditions of contract, Exhibit P. 6, further provided that if during the progress of the work any additional work was involved for which no rate was fixed in the contract, then such class of work shall be carried out at the rates entered in the schedule of rates of the district. According to him, regarding the earth filling item of the work, he q