V.R. NEWASKAR

1. This is an appeal by the Cantonment Board Mhow against the decree passed by the Additional District Judge, Indore for Rs. 10,344-8-0 in favour of the plaintiff M/s Chhajumul & Sons a joint Hindu Family firm of which the Manager and Karla is one Vedprakash S/o Mangatrai.

2. The claim of the plaintiff, consisting of the aforesaid amount of Rs. 10,344-8-0 and interest thereon by way of damages 2347-4-0, was based on the allegations that pursuant to a contract in writing Ex. P-27 entered into between the plaintiff and the Cantonment Board Mhow on 17th January 1946 the plaintiff was allotted the repair work of the Bombay-Agra Road within the limits of the Cantonment for the year 1945-46. The writing Ex. P-27 was signed by the then President of the Board Mr. Mountain and was also countersigned by the Executive Officer of the Board Mr. Anand. The plaintiff carried out the repairs work by 11.5.1946 and sent a bill for Rs. 42, 332-10-giving the necessary details. The plaintiff had taken aspha it weighing 44 tons worth Rs. 9649/- the rate whereof was Rs. 219-4-6 per ton, from the Board. Deducting this amount from the amount of the bill the plaintiff was entitled to rec