Tejinder Singh Dhindsa, J.

The present judgment shall decide R.S.A. No. 1660 of 1989 titled as State of Haryana through Executive Engineer, Haryana, P.W.D. Public Health Division, Kurukshetra Vs. Sh. Chaman Lal Mukhija and R.S.A. No. 534 of 1990 titled as Sh. Chaman Lal Mukhija Vs. State of Haryana through Executive Engineer, Haryana, P.W.D. Public Health Division, Kurukshetra as both the second appeals emanate from the common judgment dated 27.2.1989 passed by the Additional District Judge, Kurukshetra.

The State of Haryana through Executive Engineer, P.W.D. Public Health Division, Kurukshetra, plaintiff instituted a suit against Sh. Chaman Lal Mukhija, defendant for recovery of Rs.2,13,912.89 ps. It was pleaded that the State of Haryana through the Executive Engineer invited tenders for execution of a sewerage scheme for Thanesar Town at an estimated cost of Rs.4 lacs. The defendant had submitted his tender, the same was accepted and such acceptance was conveyed through letter dated 20.11.1973. As per plaintiff a valid contract thus came into existence. For executing the work the bricks were to be supplied by the department at the control rate prevailing in January, 1973 a