( 1 ) THESE two connected Second Appeals are directed against the judgments and order dated 5-3-1974 passed by Civil Judge, Roorkee at Saharanpur in Suits Nos. 88 of 1967 and 87 of 1967 respectively.

( 2 ) IN both the appeals, common questions of law and facts are involved and, therefore, they are being disposed of by a common judgment.

( 3 ) BRIEF facts of the Appeal No. 1605 of 1974 arising out of Suit No. 88 of 1967 are that Satish Mohan Plaintiff appellant filed a suit for recovery of Rs. 1400/- deposited by him in the State Bank of India through N. D. G. C. Nos. 910291 and 910293 dated 15-12-66 pledged in favour of the Executive Engineer, Northern Ganga Canal Roorkee and for interest due thereon with the allegations that the plaintiff was a contractor and the defendant owns, maintains and runs Ganga Canal Division. The aforesaid division of the defendant invited tenders from contractors for certain works on 15-12-66. The plaintiff appellant gave his tender for the works mentioned in the plaint and deposited a sum of Rs. 1400/- in terms of the tender notices. It is further alleged that the plaintiff received letter No. 10425/-T-34, dated 4-1-67 on 9-1-67 from th