K. C. AGRAWAL, J. :- This is a defendants appeal from the judgment and decree dated 22-8-1964 passed by

the learned Additional Civil Judge, Meerut, decreeing the suit of the plaintiff-respondent partly for a sum of Rs. 14,283. The suit was filed by the plaintiff-respondent in the following circumstances.

2. The Executive Engineer, Ganges Canal, Meerut Division, Meerut, issued a notice dated 13th August, 1957, inviting tenders for constructing a new Tail Fall V. R. B. at Mile 7-0-330 of Jani Escape. The tender submitted by the plaintiff-respondent, in pursuance of the aforesaid notice, was accepted on the 19th of August, 1957, and a formal contract in that behalf was, thereafter, executed on November 4, 1957. The plaintiff started the work, but as the officers of the defendant began to harass him, he had to stop it on January 24, 1958. Upon the understanding arrived at, the work was resumed soon thereafter but it was finally again stopped by the plaintiff on March 21, 1958. Admittedly, the plaintiff had not executed the entire work undertaken by him under the contract. It was, thereafter, got done by the defendant through another agency. The plaintiff, however, filed the suit