TRIVEDI, J. :- These are two connected appeals and may be conveniently decided by one judgement as they raise same common questions of fact and law.

2. Both the appeals have been filed by the State of U.P., against Smt Shabati Devi and 6 others who are the legal representatives of Sita Ram Gupta. The facts giving rise to these appeals may be summarised as follows :

Sita Ram Gupta was a building contractor and there was a contract between him on the one side and the Executive Engineer, P.W.D. on behalf of the State of U.P. on the other by which Sita Ram Gupta was given a contract for building three storeyed ward in the King Georges Medical College, Lucknow. This work was to start from 20-10-1948 and to be completed by 18-10-1949. The work according to the respondents could not be completed within the stipulated time on account of defaults and omissions of the officers of the appellant. Subsequently, the time for completion of the building was extended upto 12-10-1950. Sita Ram Gupta then filed a suit against the State of U.P. for recovery of Rs. 3,53,577-2-6 on account of the constructions made by him in terms of the contract. During the pendency of the suit he died and seven